Full text of "Statutes of the Province of Ontario 1906"

See other formats

t>r*

STATUTES

OF THE

PROVINCE OF ONTARIO

PASSED IN THE SESSION HELD IN TIJE

Sixth Year of the Reign of His Majesty
KING EDWARD ViL,

Being the Second Session of the Eleventh
Legislature of Ontario.

<EGUN AND HOLDER AT TORONTO ON THE FIFTEENTH DAY OF FEBRUARY IN THE YEAR
OF OUR LORD ONE THOUSAND NINE HUNDRED AND 3IX.

HIS HONOUR
WILLIAM MORTIMER CLARK,
LIEUTENANT-GOVERNOR.

TORONTO :

Printed and Published by L. K. CAMERON,
Printer to the King's Most Excellent Majesty.
|7 - 1906. 2

WARWICK BROS & RUTTER. Luiuied Printer,
TORONTO

TABLE OF CONTENTS.

Chapter. page.

1. An Act for granting to His Majesty certain sums of money
to defray the expenses of Civil Government for the year

1906, and for other purposes therein mentioned 2

2. An Act for granting to His Majesty certain further sums of

money to defray expenses of Civil Government for the year
1906, and for other purposes therein mentioned 6

3. An Act to amend The Act respecting aid to The Algoma Cen-

tral and Hudson Bay Railway and Associated Industries at
Sault Ste. Marie 20

4. An Act for Raising Money on the Credit of The Consolidated

Revenue Fund of Ontario 22

5. An Act respecting certain Sums of Money in the custody of

The Accountant of the Supreme Court of Judicature ^

6. An Act to amend The Manhood Suffrage Registration Act ...

7. An Act to amend The Ontario Election Act

8. An Act to amend The Ontario Election Act ^

9. An Act to amend The Supplementary Revenue Act, 1899 29

10. An Act respecting the Department of Lands, Forests and

Mines 22

11. An Act respecting Mines 9^

12. An Act respecting Certain Orders in Council, and certain

Crown Suits

13. An Act to amend The Act to provide for the appropriation of

certain lands for the Volunteers who served in South Africa
and the Volunteer Militia who served on the Frontier in
1866 u

14. An Act to amend The Temiskaming and Northern Ontario

Railway Act '"'120

15. An Act to provide for the transmission of Electrical Power to

Municipalities

16. An Act respecting Agricultural Societies ^9g

17. An Act respecting Agricultural Associations 24.(3

18. An Act respecting Horticultural Societies „_

1 0

19. The Statute Law Amendment Act, 1906 _g

20. An Act to amend The County Courts Act j_g_

21. An Act to amend The Unorganized Territory Act ^2

22. An Act to amend The Act respecting actions of Libel and

Slander 282

[in.]

iv.

Chapter. page.

23. An Act to amend The Devolution of Estates Act 184

24. An Act to amend The Ontario Medical Act 187

25. An Act to further amend The Pharmacy Act 188

26. An Act to amend The Act respecting Stationary Engineers .. 189

27. An Act respecting Prospectuses issued by Companies 192

28. An Act to amend The General Road Companies Act , 198

29. An Act to amend The Act respecting Joint Stock Companies

for supplying Cities, Towns and Villages with Gas and
Water 199

30. An Act respecting Steam, Electric and Street Railways 200

31. An Act for the appointment of a Railway and Municipal

Board 312

32. An Act to confirm an Agreement entered intp between His

Majesty the King and The Canadian Improvement Com-
pany and others 335

33. An Act respecting Trustees of certain Burying Grounds ...... 33P

34. The Municipal Amendment Act, 1906 339

35. An Act respecting County Councils 356

36. The Assessment Amendment Act, 1906 365

37. An Act to amend The Municipal Drainage Act 369

38. An Act authorizing certain Payments under The Public

Libraries Act 372

39. An Act to amend The Municipal Light and Heat Act 373

40. An Act to amend The Municipal "Waterworks Act 374?

41. An Act respecting Local Municipal Telephone Systems 376

42. An Act providing for the Exemption of Woodlands from

Taxation • 378

43. An Act to amend The Act for the Improvement of Public

Highways 380

44. An Act to amend The Toll Roads Expropriation Act, 1901 . . . 382

45. An Act to regulate the Width of Sleigh Runners 383

46. An Act to regulate the Speed and Operation of Motor Vehicles

on Highways 384.

47. An Act to amend The Liquor Laws 3y0

48. An Act to amend The Act to prevent Fraud in the Manufac-

ture of Cheese and Butter 41 g

49. An Act to amend The Act to preserve the Forests from Des-

truction by Fire 41§

50. An Act to amend The Act to prevent the Wasting of Natural

Gas and to provide for the plugging of all abandoned wells ^jg

51. An Act for the Suppression of Foul Brood among Bees 42

52. An Act respecting the Department of Education 493

53. An Act to amend The Public Schools Act 43g

Chapter. page.

54. An Act to amend The Act respecting Boards of Education in

certain Cities, Towns and Villages 456

55. An Act respecting The University of Toronto and University

College 457

56. An Act to amend The Act respecting the Agricultural College 493

57. An Act to amend The Act respecting Institutions for the

Education and Instruction of the Deaf and Dumb and
Blind .499

58. An Act respecting County Houses of Refuge 500

59. An Act respecting the Toronto General Hospital 502

60. An Act respecting the Hospital for Epileptics 512

61. An Act to amend The Act respecting Lunatic Asylums and

the Custody of Insane Persons 514

62. An Act to incorporate the Town of Blind River 520

63. An Act to confirm By-law number 618 of the Town of Bow-

manville 520

64. An Act respecting the Town of Brockville 528

65. An Act respecting the Town of Bruce Mines and the Copper

Mining and Smelting Company of Ontario, Limited 531

66. An Act respecting the Village of Campbellford 536

67. An Act to confirm By-law No. 474 of the Township of Cavan 541

68. An Act respecting the Township of North Crosby and the

Village of Westport 552

69. An Act respecting the Township of Eastnor 555

70. An Act respecting the Town of East Toronto ^<jq

71. An Act to incorporate the Village of Finch gy9

72. An Act to consolidate the Floating Debt of the Town of Fort

Frances 575

73. An Act respecting the Town of Fort William, 1906 579

74. An Act respecting the Town of Gait, 1906 587

75. An Act respecting the City of Kingston -y9

76. An Act respecting the City of London 600

77. An Act to confirm By-law No. 580 of tne County of Middlesex go9

78. An Act respecting the Town of Midland g!4

79. An Act respecting the Township of Mountain ggg

80. An Act to confirm By-law No. 718 of the Town of Napanee. .. ggg

81. An Act respecting the Municipality of Neebing and the Cor-

poration of the Municipality of Paipoonge, 1906 643

82. An Act to confirm By-laws numbers 516 and 522 of the Town

of Niagara-on-the-Lake g47

83. An Act respecting the Town of North Toronto ggj

84. An Act respecting the United Counties of Northumberland

and Durham ' 65.'-?

vi.

Chapter. page.

85. An Act respecting the Township of Oliver 657

86. An Act respecting the Town of Oshawa 659

87. An Act respecting the City of Ottawa 071

88. An Act respecting the City of Peterborough 979

89. An Act respecting the Town of Petrolia g§7

90. An Act to confirm By-law No. 544 of the Town of Picton ... 695

91. An Act respecting the Town of Port Arthur 699

92. An Act respecting the Town of Port Hope 725

93. An Act respecting the City of St. Catharines 728

94. An Act to confirm By-law No. 1781 of the City of St. Cath- .

arines 7-31

95. An Act respecting the City of St. Thomas 73:4

96. An Act to confirm By-law number 640 of the Town of Sarnia

97. An Act respecting the Township of Shuniah

98. An Act respecting the Town of Thornbury and the Township

of Collingwood 74,9

99. An Act respecting the City of Toronto 74g

100. An Act respecting the Town of Trenton , 754,

101. An Act to consolidate the Floating Debt of the Town of

Wallaceburg 7^

102. An Act respecting the Town of Welland and M. Beatty &

Sons, Limited 7<]2

103. An Act to confirm By-law Number 198 of the Town of Wel-

land • • •• ' 765

104. An Act respecting the Police Village of West Lome ij'jq

105. An Act to confirm by-law No. 1995 of the Township of York...,.,^
Kv6. An Act respecting The Brantford and Erie Railway Co _

107. An Act to incorporate the Dunnville, Wellandport and Beams-

ville Electric Railway Company 794,

108. An Act respecting The Hamilton, Caledonia and Lake Erie

Railway Company , >j^q

109. An Act to incorporate The Hamilton and Guelph Junction

Railway Company 7,),,

110. An Act respecting The Kingston, Gananoque and Perth Elec-

tric Railway Company gpj

111. An Act respecting The Kingston, Portsmouth and Cataraqui

Electric Railway Company ^93

112. An Act respecting The North Midland Railway Company ....

113. An Act respecting The Ontario West Shore Electric Rail-

way Company ^15

114. An Act to incorporate The Pembroke Radial Railway Com-

pany ( 817

115 An Act respecting the Pembroke Southern Railway Company. m;j

vii.

Chapter. fage.

116. An Act respecting the Peterborough Kadial Railway Com-

pany 821

117. An Act to incorporate The Port Credit Brampton and Guelph

Railway Company 823

118. An Act to incorporate The Port Elgin Spur Line 825

119. An Act to incorporate the Rondeau, Ridgetown and Wallace-

burg Railway Company 835

120. An Act respecting The St. Catharines Pelham and Welland

Electric Railway Company 837

121. An Act respecting The South Western Traction Company ...839

122. An Act respecting The Superior and James Bay Railway

Company : 841

123. An Act to incorporate The Toronto and North Eastern Rail-

way Company 843

124. An Act respecting The Toronto and York Radial Railway 845

125. An Act to amend The Act Incorporating the Western Central

Railway Company

126. An Act respecting The Anglo-American Eire Insurance Co.

127. An Act to incorporate The Bell Telephone Memorial Associa-

tion 853

128. An Act respecting the Birkbeck Loan Company of London,

Canada 857

129. An Act respecting The City Gas Company of London 860

130. An Act respecting The Huron and Erie Loan and Savings

Company 867

131. An Act to empower The London and Western Trusts Com-

pany, Limited, to sell certain lands in the County of Lamb-
ton •. 876

132. An Act respecting The Ontario and Minnesota Power Com-

pany, Limited 881

133. An Act respecting The Ontario and Saskatchewan Land Cor-

poration, Limited 885

134. An Act respecting the Port Arthur Blast Furnace for Iron

Ore and the Coal and Ore Dock at Port Arthur 887

135. An Act to incorporate The Provincial Long Distance Tele-

phone Company 894

136. An Act respecting the Sao Paulo Tramway, Light and Power

Company, Limited 900

137. An Act respecting The Toronto Liederkranz, Limited 903

138. An Act to incorporate the Twin City Chamber of Commerce. 906

139. An Act to amend the Constitution of Huron College 911

140. An Act respecting The Western University and College .... p-j 5

viii.

Chapter. page.

141. An Act to incorporate the Synod of the Diocese of Algoma in

connection with the Church of England in the Dominion of
Canada 922

142. An Act respecting Trinity Church, Toronto 925

143. An Act respecting the Burial Ground of the First Methodist

Church in Picton 933

144. An Act respecting Toronto Free Hospital for Consumptives.. 935

145. An Act to incorporate the Executive Committee of the Provin-

cial Young Men's Christian Association of Ontario and Que-
bec rs... 940

146. An Act respecting The Young Men's* Christian Association of

Collingwood 943

147. An Act to authorize William J. Church to practise as a Vet-

erinary Surgeon 945

148. An Act to authorize the Law Society of Upper Canada to per-

mit George MacGregor Gardner to practise as a Barrister...

149. An Act to amend the Act to authorize the Supreme Court of

Judicature for Ontario to admit William Walter Pope to
practise in the said Court as a Solicitor 0,49

150. An Act to authorize the Law Society of Upper Canada to admit

Henry Ernest Redman to practise as a Barrister and Solicitor 9.5 1

6 EDWARD VII.

CHAPTER 1.

An Act for granting" to His^ Majesty certain sums of
money to defray the expenses of Civil Govern-
ment for the year One Thousand Nine Hundred
and Six and for other purposes therein mentioned..

Assented to 27th April, 1906.
Most Gracious Sovereign :

WHEREAS it appears by messages from His Honour Preamble.
William Mortimer Clark, Lieutenant-Governor of
the Province of Ontario, and the estimates accompanying
the same, that the sums hereinafter mentioned in the
Schedules to this Act are required to defray certain ex-
penses of the Civil Government of this Province, and of
the Public Service thereof, and for other purposes for the
year one thousand nine hundred and six; May it therefore
please Your Majesty that it may be enacted, and it is hereby
enacted by the King's Most Excellent Majesty, by and with
the advice and consent of the Legislative Assembly of the
Province of Ontario, as follows : —

1. From and out of the Consolidated Revenue Fund °f out of
this Province, there shall and may be paid and applied a consolidated
sum (not exceeding in \the whole) of Five million eight hun- for certainmd
dred and fifty-eight thousand five hundred and forty-three purposes-
dollars and fifteen cents for defraying the several charges

and expenses of the Civil Government of this Province for
the year one thousand nine hundred and six, as set forth
in Schedule "A" to this Act; and for the expenses of Legis-
lation, Public Institutions' Maintenance, and Salaries of
the Officers of the Government and Civil Service for the
month of January, one thousand nine hundred and seven,
as set forth in Schedule "B" to this Act.

2. Accounts in detail of all moneys received on account ^^"fore0 be
of this Province, and of all expenditures under Schedule Legislative
"A" of this Act, shall be laid before the Legislative Assem- AssembIy-
bly at its next sitting.

2 Chap. 1.

SUPPLIES.

6 Edw. VII

moneysnded 3 Any Part of tne money under Schedule "A" appropri-
ated by this Act out of the Consolidated Revenue, which
may be unexpended on the thirty-first day of December,
one thousand nine hundred and six, shall not be expended
thereafter, except in the payment of accounts and expenses
incurred on or prior to the said day; and all balances re-
maining unexpended after the 20th day of January next
shall lapse and be written off.

be accounted*0 ^- The due application of all moneys expended under this
j*ajt0»tyis ou* °^ ^e Consolidated Revenue shall be accounted for

to His Majesty.

SCHEDULE "A."

Sums granted to His Majesty by this Act for the year
one thousand nine hundred and six, and the purposes for
which they are granted : —

CIVIL GOVERNMENT.

To defray the expenses of the several Departments at

Toronto : —

Lieutenant-Governor's Office $3,900 00

Office of the Premier and President

of the Council 14,200 00

Attorney General's Department .. 29,750 00

Education Department 22,612 00

Lands and Mines Department .... 84,150 00

Public Works Department 48,150 00

Treasury Department 28,400 00

Provincial Auditor's Office 13,300 00

Provincial Secretary's Department 113,910 00

Department of Agriculture 45,910 00

Miscellaneous 15,650 00

$419,932 00

LEGISLATION.

To defray expenses of Legislation 204,600 00

ADMINISTRATION OF JUSTICE.

To defray expenses of Administration of Just-
ice 519,058 83

EDUCATION.

To defray expenses of : —
Public and Separate School Edu-

cation . .$540,270 59

High Schools and Collegiate Insti-
tutes 152,150 00

Departmental

1906.

SUPPLIES.

Chap. 1

Departmental Library and Museum. 15,550 00

School of Practical Science 83,505 00

Public Libraries, Art Schools, Lit-
erary and Scientific 58,450 00

Technical Education 31,620 00

Superannuated Public and High

School Teachers 63,300 00

Provincial University and Mining

Schools 170,166 17

Maintenance Education Depart-
ment and Miscellaneous 23,896 72

Institution for Deaf and Dumb,

Belleville 56,918 00

Blind Institute, Brantford 37,590 10

11,233,416 58

PUBLIC INSTITUTIONS' MAINTENANCE.

To defray expenses of : —
Asylum for the Insane, Toronto . . .$115,496 00
Asylum for the Insane, London ... 147,129 00
Asylum for the Insane, Hamilton.. 135,511 00
Asylum for the Insane, Kingston. . . 94,122 00
Asylum for the Insane, Mimico .... 83,244 00
Asylum for the Insane, Brockville. 93,492 00
Asylum for the Insane, Cobourg ... 26,190 00
Asylum for the Insane, Penetangui-

shene 41,006 00

Asylum for Epileptics, Woodstock 27,823 33
Asylum for the Feeble Minded,

Orillia 75,608 00

Medical Relieving Officer 333 33

Central Prison, Toronto 71,570 00

Central Prison Industries 66,885 00

Mercer Reformatory, Toronto 30,050 00

To pay balance 1905 accounts . . . 30,612 62

1,039,072 28

AGRICULTURE.

To defray expenses of a grant in aid of Agri-
culture $446,406 95

COLONIZATION AND IMMIGRATION.

To defray expenses of Colonization and Immi-
gration $35,465 00

HOSPITALS AND CHARITIES.

To defray expenses of a grant in aid of Hos-
pitals and Charities $285,009 88

MAINTENANCE

4 Chap. supplies. t> Edw. VII

MAINTENANCE AND REPAIRS OF GOVERNMENT AND
DEPARTMEN TAL BUILDINGS .

Government House $18,000 00

Parliament and Departmental

Buildings 69,460 00

$87,460 00

PUBLIC BUILDINGS.

Public Institutions : —

Asylum for Insane, Toronto |8,885 00

Asylum for Insane, Mimico 22,225 00

Asylum for Insane, London 10,300 00

Asylum for Insane, Hamilton ... 15,875 .00

Asylum for Insane, Kingston 13,450 00

Asylum for Insane, Brockville ... 10,800 00

Asylum for Insane, Cobourg 5,050 00

Asylum for Insane, Penetangui-

shene 11,200 00

Asylum for Epileptics, Woodstock 87,800 00

Asylum for Feeble Minded, Orillia 6,450 00

Central Prison, Toronto 14,610 00

Mercer Reformatory, Toronto 3,685 00

Osgoode Hall additions 35,000 00

Educational : —
Normal and Model Schools, To-
ronto 5,300 00

Normal and Model School, Ottawa 5,150 00

Normal School, London 1,500 00

School of Practical Science 64,080 00

Deaf and Dumb Institute, Belle-
ville 5,800 00

Institution for the Blind, Brant-
ford 7,640 00

Ontario Agricultural College 60,845 00

Districts : —

Muskoka 100 00

Parry Sound 2,700 00

Algoma 300 00

Thunder Bay 1,600 00

Rainy River 500 00

Nipissing 4,550 00

Total Public Buildings — $405,395 00

PUBLIC WORKS.

To defray expenses of Public Works $95,260 00

COLONIZATION AND MINING ROADS.

To defray expenses of Construction and Ee-

pairs $204,410 00

CHARGES-

190o. supplies. Chap. 1.

CHARGES ON CROWN LANDS.

To defray expenses on account of Crown

Lands $427,525 00

REFUNDS.

Education $2,000 00

Crown Lands 31,205 00

Municipalities Fund 243 32

Land Improvement Fund 1,911 31

Miscellaneous 10,000 00

$45,359 63

MISCELLANEOUS EXPENDITURE.

To defray Miscellaneous Expenditure $160,172 00

Total Estimates for Expenditure of 1906. . .$5,608,543 15

SCHEDULE "B."

Sum granted to His Majesty by this Act for
the year one thousand nine hundred and six,
and the purposes for which it is granted : —
To defray the expenses of Legislation, Public
Institutions' Maintenance, and for Salaries
of the officers of the Government and Civil
Service for the month of January, 1907 ... $250,000 00

Total $5,858,543 15

CHAPTER

6 Chap. 2. supplies. 6 Edw. VII

CHAPTER 2.

An Act for granting to His Majesty certain fur-
ther sums of money to defray expenses of Civil
Government for the year One Thousand Nine
Hundred and Six and for other purposes
therein mentioned.

Assented to 14th May, 1906.

Most Gracious Sovereign

Preamble.

WHEREAS it appears by messages from His Honour
William Mortimer Clark, Lieutenant-Governor of
the Province of Ontario, and the estimates accompanying
the same, that in addition to sums already appropriated the
the sums hereinafter mentioned in the Schedule to this Act
are required to defray certain expenses of the Civil Gov-
ernment of this Province, and of the Public Service there-
of, and for other purposes for the year one thousand nine
hundred and six; May it therefore please Tour Majesty
that it may be enacted, and it is hereby enacted by the
King's Most Excellent Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of On-
tario, as follows : —

$662,850.46
granted out of
Consolidated
Revenue.

1. From and out of the Consolidated Revenue Fund of
this Province, there shall and may be paid and applied, in
addition to sums already appropriated, a sum (not exceed-
ing in the whole) of Six hundred and sixty-two thousand
eight hundred and fifty dollars and forty-six cents for de-
fraying the several charges and expenses of the Civil Gov-
ernment of this Province for the jear one thousand nine
hundred and six, as set forth in Schedule "A" to this Act.

Accounts to b*
laid before
Legislative
Assembly.

2. Accounts in detail of all moneys received on account
of this Province, and of all expenditures under Schedule
"A" of this Act, shall be laid before the Legislative Assem-
bly at its next sitting.

1906.

SUPPLIES.

Chap. 2 7

3. Any part of the moneys under Schedule "A" appro- moneys.1*1'*
priate'd by this Act out of the Conolidated Revenue, which

may be unexpended on the thirty-first day of December,
one thousand nine hundred and six, shall not be expended
thereafter, except in the payment of accounts and expenses
incurred on or prior to the said day; and all balances re-
maining unexpended after the 20th day of January next
shall lapse and be writtem off.

4. The due application of all moneys expended under this be aceMiSSa*
Act out of the Consolidated Revenue shall be accounted forSr.t°His

_ . . Maj «sty.

to Has Majesty.

SCHEDULE "A."

Sums granted to His Majesty by this Act for the year one thousand
nine hundred and Bix, and the purposes for which they are granted : —

Civil Government.
To defray the expenses of the several Departments at Toronto : —

Lieutenant-Governor's Office $400 00

Attorney-General's Department 460 00

Education Department 570 00

Lands and Twines Department 100 00

Treasury Department 575 00

Provincial Auditor 500 00

Provincial Secretary's Department 2,775 00

Department of Agriculture 818 00

Public Works Department 350 00

Miscellaneous 100 00

$6,648 00

Legislation.

To defray expenses of Legislation 10,250 89

Administration of Justice.
To defray expenses of Administration of Justioe 45,786 10

Education.

To defray expenses of : —

Grants to Societies and Educational Institu-
tions $280 00

Continuation Classes (for Libraries and Sci-
entific equipment) 10 000 00

Special

SUPPLIES.

6 Edw. VII

Special Grant Public and Separate Rural

Schools, Counties ..' $60,000 00

Public and Separate Rural Schools, new

districts (for general equipment) and

Poor, Public and Separate Rural Schools

(old districts) 12,000 00

County Public School Inspectors (coming

into effect July 1st) 6,000 00

Election Expenses, Advisory Council 400 00

Inspection of Continuation Classes (4 mos.) 667 00
Salary for Superintendent of Education

half-year 1,750 00

Medical Faculty of Queen's College, for

promotion of medical education 50,000 00

Provincial University 1,186 06

Repairs and Maintenance of (Education

Department 990 00

Normal and Model School Toronto 50 00

Institution for the Blind 100 00

Public Libraries, Art Schools, Literary and

Scientific 2,500 00

School of Practical Science 3,767 00

Public and Separate Schools 100 00

$149,790 06

Public Institutions Maintenance.

To defray expenses of : —

Asylum for Insane, London $30 00

Asylum for Insane, Brockville 70 00

Asylum for Epileptics, Woodstock 250 00

Central Prison Industries 800 00

To pay balance .1905 accounts 2,229 30

$3,379 30

Hospitals and Charities.

To defray expenses of a grant in aid of Hospitals and

Charities 55,789 52

Agriculture.

To defray expenses of a grant in aid of Agriculture ... 14,150 00
Colonization and Immigration.

To defray expenses of Colonization and Immigration

3.100 00
Public

1906. SUPPLIES.

Public Buildings.

Public Institutions: —

Asylum for insane, Toronto $500 00

Asylum for Insane, Mimico 1,000 00

Asylum for Insane, Hamilton 500 00

Asylum for Insane, Kingston 13 893 00

Asylum for Insane, Brockville 2,000 00

Asylum for Insane, Penetanguishene .• 2,100 00

Asylum for Epileptics, Woodstock 1,700 00

Central Prison, Toronto 500 00

Ontario Agricultural College 9,500 00

Mercer" Reformatory 1,760 00

Normal School, Toronto ." 850 00

Normal School, London 2,500 00

School of Practical Science and Normal

Schools 106,000 00

Districts : —

Nipissing 5,850 00

Rainy River 1,100 00

Parry Sound 1,600 00

— — $151,353 00

Public Works.

To defray expenses of Public Works 21,750 00

Colonization and Mining Roads.
To defray expenses of Construction and Repairs 30,600 00

Maintenance and Repairs of Government and Departmental

Buildings.

Parliament and Departmental Buildings 2,250 00

Charges on Crown Lands.
To defray expenses on account of Crown Lands 64,700 00

Refunds.

Crown Lands 2,269 29

Miscellaneous.

To defray Miscellaneous Expenditure 101,035 19

Total $662,850 46

CHAPTER

.10 Chap. 3. AID TO ALGOMA CENTRAL, ETC. 6 EDW. VII

CHAPTEK 3.

An Actj to amend The Act respecting Aid to the
Algoma Central and Hudson Bay Railway and
Associated Industries at Sault Ste. Marie.

Assented to 27th April, 1906.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario
enacts as follows : —

1. Section 1 of the Act respecting Aid to the Algoma
Central and Hudson Bay Railway and Associated Indus-
tries at Sault Ste. Marie passed in the 4th year of the reign
of His Majesty King Edward VII, and chaptered 19, is
hereby amended by adding thereto the following clauses :

(a) The Government may renew the guarantee of the
principal of the loan of $2,000,000 and interest
as above set out or any portion thereof for a
period not exceeding one year from the 1st day
of May, 1906, and in the event of any portion
of the said loan being taken up then on being
released from the guarantee of such portion,
the Government may from time to time release
its lien on a proportionate amount of the col-
lateral securities set out in subsection (11) of
section 4. The form and manner of renewal
or of release shall be subject to the approval of
the Lieutenant-Governor in Council and the new
guaranty as well as any release shall be signed
by the Provincial Treasurer, or such officer as-
may be designated by the Lieutenant-Governor
in Council.

(6) The provisions of section 8 of this Act shall apply
to any renewal or new guarantee given under
the authority of this section, and the Govern-
ment shall be liable in respect of any such re-
newal or guarantee as fully as they were for the
original loan.

4 Edw. VII.
C. 19, 8. 1,

amended.

Government
authorized to
renew
guarantee.

4 Edw. VII,-
c. 19, s. 8, to
apply to
renewal.

1906.

AID TO ALGOMA CENTRAL, ETC.

Chap. 3

guarantee the principal of a new loan in substi- ™betnu«ronaie
tution of or to take the place of the existing loan
loan or by way of renewal thereof, or provid-
ing for payment thereof not exceeding $2,000,-
000, and the interest thereon, and all agree-
ments, notes, certificates, endorsements, or
documents in connection therewith shall be
signed and executed by the Provincial Treas-
urer or such officer as may be designated by the
Lieutenant-Governor in Council.

(d) The pledged securities and the collateral securities securities^

which may be retained shall remain pledged remain liable
for the purpose of securing the Government 0°%enewiU.n
against liability on any amount of renewal
guarantee or new loan given as herein provided.

CHAPTER

Chap. 4.

PROVINCIAL LOANS

6 Edw. VII

CHAPTER 4.

An Act for raising Money on the Credit of the
Consolidated Revenue Fund of Ontario.

Assented to 14th May, 1906.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

«frs^oooMooai1 ^'ie Lieutenant-Governor in Council is hereby author-
-authorized. ized to raise by way of loan a sum of money not exceeding
Three Million Dollars (*3,000,000) for any or all of the pur-
poses following, that is to say : for the public service ; for
works carried on by Commissioners on behalf of the Province ;
for the covering of any debt of the Province on open account ;
for paying any floating indebtedness of the Province, and for
the carrying on of the public works authorized hy the Legis-
lature.

Term of debt. 2. The aforesaid sum of money may be borrowed for any
term or terms not exceeding forty years at a rate not exceed-
ing four per centum per annum, and shall be raised upon the
credit of the Consolidated Revenue Fund of Ontario and shall
be chargeable thereupon.

Bonds to be 3. All honds and inscribed stock issued under the authority

free from. glII • B m _ m *^

taxes, etc. of this Act shall he free from all Provincial taxes, succession
duty, charges and impositions whatsoever.

CHAPTER

1906.

CERTAIN FUNDS FORFEITED.

Chap. 5

CHAPTER 5.

An Act respecting" certain Sums of£ Money in the
Custody of the Accountant ot j the Supreme
Court of Judicature.

Assented to 14th May, 1906.

HEREAS certain charges were on the 11th Hay ofpreambie.

Roswell Gamey charged and HeclareH that James Robert
Stratton, another member of the said Legislative Assembly
and a member of the Executive Council, did certain corrupt
and unlawful acts by attempting to bribe him the said Robert
R( 'swell Gamey, l>y the payment of certain moneys, and
whereas a Commission was issued on the 28th day of March
in the year 1903 for the purpose of enquiring into, and in-
vestigating the said charges ; and whereas in the course of the
said enquiry and during the evidence of the said Robert Ros-
well Gamey, certain moneys and a certain cheque were pro-
duced by him heing bank notes amounting in the aggregate
to $500 and a certain cheque on the Traders Bank of Canada
for $1,500 and whereas, the said notes and cheque were by
direction of the Commissioners placed in the custody of the
Accountant of the Supreme Court of Judicature, and whereas
it is expedient that further order should be made with regard
to the said notes and cheque.

Therefore His Majesty, by and with the advice and consent
of the Legislative Assembly of the Province Ontario, enacts
as follows :

1. The said bank notes of $500 and the said cheque of£°^»££eof
$1,500 are hereby declared to be forfeited to His Majesty f or of the Pro-
the public uses of the Province, and to have been so for feited 'unce-
from the time of being produced during the said enquiry,

and the Accountant of the Supreme Court is hereby directed
to endorse said cheque to the Treasurer of the Province.

2. The said moneys so forfeited as aforesaid shall be applied jj^'to'charit
to such charitable purposes as the Lieutenant-Governor in able purposes.
Council shall determine.

CHAPTER

Chap. 6 MANHOOD SUFFRAGE REGISTRATION. 6 EDW. VII

CHAPTER 6.

An Act to amend'The Manhood Suffrage Registra-
tion Act.

Assented to 14th May, 1906.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

cT schedule ^0Tms 9 an(^ ^ *n Schedule to The Manhood Suf-

amended. frage Registration Act, as amended by the Act passed in
the Second year of His Majesty's reign, chapter 6, are
amended by adding thereto the following - as paragraph
la:

oaths of man- la, "That you are not a citizen or a subject of any for-

^suffrage eign country.»

CHAPTER

1906.

ELECTIONS.

Chap. 7 15

CHAPTER 7.

An Act to amend The Ontario Election Act.

. Assented to 27th April, 1906.

HIS MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows : —

1. Subsection 4siof section 69 of The Ontario Election Act Rev. stat.
is amended by striking out all the words after the word sub's.V9'
" used " in the third line of the said subsection. amended.

Number on
counterfoil
and ballot.

2. Sub-section 3 of section 70 of the said Act is repealed f^ i^o,'
and the following substituted therefor : repeafed.

"(3) The tendered ballot papers and counterfoils attached Tendered

• . inn i i ,-. i t ■ ••! , ballot papers

thereto, shall be bound or stitched m a manner similar to
that directed in the case of the other ballot papers and
counterfoils. The number of tendered ballot papers shall
not be less than ten per centum of the number of the ordi-
nary ballot papers."

3. Section 100 of the said Act is hereby repealed. £™b Repeated.

4. Section 103 of the said Act is amended by striking out Rev. stat. c. 9,
the words " and the number on the back " in the thirteenth s' amen e
line and the words " and the number on the back of the

paper" in the twenty-first line of the said section.

5. — (1) Clause 1 of section 112 of the said Act is amended Re^stat. c. 9,
by striking out the words " and taking all precautions not to amended,
see or to permit any person to see the number printed on

the back of any paper " at the end of the said clause.

(2) Clause 3 of the said section is amended by striking Rev. stat. c. 9,
out the words " the printed number and " in the 4th line of amended3
the said clause.

Chap. 7.

ELECTIONS.

6 Edw. VII

Rev. stat. c. 9, 6. Section J 43 of the said Act is amended by striking- nut
s. 143 amended. ^jie wor(js <• marked with the same printed number and " in
the 5th line from the end of the said section.

Rev. stat. c. 9. 7. — (1) Subsection 3 of section 155 of the said Act is
amendedbs' 3 amended by striking out all the words after the word
" voted " in the 4th line of the said subsection.

Rev. stat. c. 9, (2) Subsection 4 of the said section is amended by striking
amended s" out the words " the number on the back of any ballot paper"
in the fourth line of the said subsection.

Rev. Stat. c. 9,
Sched. " A,"
Form 11
amended.

8. Form 11 in Schedule " A " to the said Act is amended by
striking out the words " Counterfoil No." " No on Voters
Lists in Poll Book" " Note — The Counterfoil is to have a
number to correspond with that on the back of the Ballot
Paper " and the reference to any number on the back of the
ballot paper set out in the said Form.

Rev. Stat. c. 9,
Sched. "A,"
Form 13
amended.

9. Form 13 in Schedule " A " to the said Act is amended by
striking out the words " and not to attempt to see or ascer-
tain at the counting the number on the back of any ballot
paper or the number on any counterfoil " in the third, fourth
and fifth lines of the first paragraph of the said Form.

SchedSt- a " 9' ,0, ^orm 2^ ^n Schedule " A " to the said Act is amended by
Form 26 ' striking out all the words after the word "law" in the third
line of the third paragraph of the said Form.

Rev. Stat. c. 9,
Sched. "A,"
Form 27
amended.

11. Form 27 in Schedule " A " to the said Act is amended by
striking out the words " that I have not attempted bv any
means whatever to see or ascertain at the counting of the
ballot papers the number on the back of any ballot paper
and ;" in the first, second and third lines of the second para-
graph of the said Form.

CHAPTER

1906.

ELECTIONS.

Chap. 8. 17

CHAPTER 8.

An Act to amend The Ontario Election Act.

Assented to 14th May, 1906.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1. Section 20 of The Ontario Election Act is repealed Re,7- stat->, c: 9

...... r s. 20 repealed.

and the following substituted therefor : —

20. Every Writ for the election of a Member of the Legis- wnts for

■ elections to

lative Assembly shall be addressed to such person, being a voter whom ad-
of the Electoral District for which the Election is' to take dressed-
place, as the Lieutenant-Governor may appoint, and such
person shall be the Returning Officer at such Election.

2. Section 21 of The Ontario Election Act is repealed. Rev. stat., c.9,

1 s. 21, repealed.

3. Section 22 of The Ontario 'Election Act is amended Rev. stat.. c. 9,.
by striking out all the words in the said section, down to, anas-22amended-
including, the word " addressed " in the third line, and sub-
stituting instead the following words : ''In case the person to

whom the Writ has been addressed, has died, or ".

4. Section 22a of The Ontario Election Act, as enacted Rev. star., e. 9,
by section 1 of the Act passed in the 63rd year of the reign s'22a repealed-
of Her late Majesty Queen Victoria, Chapter 4, is repealed.

5. Section 25 of Ihe Ontario Election Act is amended by Rev. stat., c. 9,
striking out the words "Sheriffs or Registrars, or," in the s' 2o' repealed-
second line thereof.

6. Section 26 of The Ontario Election Act is amended by Rev. stat.. e.9,
striking out the words "every Sheriff or Registrar, ands' amen e •
ever j other person" in the first line of the said Section,

and substituting instead the words "every person"; and
by striking out the words "not being a Sheriff or Registrar,
and" in the sixth line.

7- Subsection 1 of section 32 of The Ontario Election ftJ'fjJvH0- 9-
Act is amended by striking out all the words in the said sub- amended'.
2 s. section

18 Chap. 8. ELECTIONS. 6 Edw. VII

section after the words " directed to " in the third line, and
substituting instead the words " to such person as may be
appointed by the Lieutenant-Governor."

Rev. stat., c. 9, g. Subsection 2 of section 32 of The Ontario Election

s. 32, subs. 2 . , . , ,

repealed. Act is repealed.

i Edw. vii, c. 9. Subsection 2 of section 5 of The Statute Law Amend-
repeaiedsubs' " m«7i« Act, 1904, w repealed.

Re9V'forms'i6 Forms 16> *~ and 18 in Schedule "A" to The Ontario

i7, is amended. Election Act are amended by inserting in each of the said
oaths of forms the following as paragraph 1 (a) : "That you are not
a citizen or subject of any foreign country."

Rev. stat., 11. Forins 19 and 20 in Schedule "A" to the said Act are
^p.Vamended. amended by adding the following as paragraph 5 (a):
Oaths of "That you are not a citizen or subject of any foreign coun-

voters. try_,,

CHAPTER

1906.

SUPPLEMENTARY REVENUE.
%

Chap. 9.

CHAPTER 9.

An Act to amend The Supplementary Revenue Act,

1899.

Assented to 14th May, 1906.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1 . Clause b in the paragraph numbered 1 of section 2 l^z'Jmr. i." oi
of The Supplementary Revenue Act, 1899, as amended by b> repealed,
sub-section 2 of section 2 of The Supplementary Revenue

Act, 1900, is repealed, and the following substituted there-
for : —

(b) Every lank sball pay an additional tax of $100^£P™d
for the Head Office in the Province and $25 for each addi- £^hes of
tional Office, Branch or Agency in the Province.

2. The pargraph number 5 of section 2 of The Supple- f2/^ f"8,
mentary Revenue Act, 1899, as amended by section 5 of repealed. '
The Supplementary Revenue Act, 1900, and by section 1

of The The Act to amend the Supplementary Revenue
Act, 1899, being the Act passed in the 4th year of His Ma-
jesty's reign, chaptered 5, is repealed and the following
substituted therefor : —

5. Every railway company owning, operating or using by^fway6
in whole or in part in this Province a steam or electric companies,
railway shall pay a tax of $60 per mile for one track, and,
where the line consists of two or more tracks, of $20 per
mile for each additional track, owned, operated or used
as aforesaid in any organized county; and of $40 per mile
for one track and, where the line consists of two or more
tracks, of $10 per mile for each additional track, owned,
operated or used as aforesaid in unorganized territory,
being territory without county organization ; provided that
a railway company owning, operating or using a steam or
electric railway which does not, either by itself or in con-
junction with any other railway leased by it or to which
it is leased or with which it is amalgamated or together

with

Chap. 9. SUPPLEMENTARY REVENUE. 6 EdW. VII.

with which it forms one system, exceed 150 miles in length
from terminus to terminus, shall in lieu of the said tax
pay a tax of f 15 per mile for one track and, where the line
consists of two or more tracks, of $5 per mile for each addi-
tional track; provided further, that no tax under this sec-
tion shall be payable in respect of so much of the track of
an electric railway as is situate upon any public highway
or lies within the limits of any city.

(a) Both the company owning the railway or the part

thereof in question and the company or com-
panies operating or using the same shall be
jointly and severally liable for the payment of
the amount of such tax to the Provincial
Treasurer, but the total amount payable in re-
spect of any railway shall not exceed the
amounts above respectively mentioned, notwith-
standing that such railway is owned, operated
or vised by more than one company.

(b) The measurement of trackage for the purposes of

this section shall not include switches, spurs or
sidings.

62 V. (2) c. 8, 3. Section 2 of The Supplementary Revenue Act, 1899,
s. 2, amended. -g amended, by adding thereto the following paragraph : —

Tax on street
railways.

6. — (a) Every street railway company working or operat-
ing a street railway partly within a city and partly on the
public highways without the limits of any city shall pay
a tax of $10 per mile for each mile of track without such
limits as aforesaid. In all cases the mileage shall be com-
puted on the single track, each mile of double track being
counted as two miles of single track; but in calculating
the mileage mere switches or sidings, tracks into car stables
or car sheds, T's and curves laid at street corners and por-
tions of track not in general use for passenger traffic shall
not be counted.

Distribution of
one half the
revenue from
railway tax
among muni-
cipalities.

4. — (1) There shall be set apart annually on the 31st
day of December in each year from the Consolidated Reven-
ue Fund of the Province a sum equal to one-half the total
receipts of the Province during such year for taxes from
railway companies under sub-section 5 of section 2 of The
Supplementary Revenue Act, 1899, and the amendments
thereto, after deducting from said total receipts the sum of
$30,000, and the sum so set apart shall, on the 31st day
of December in each year, be credited to the cities, towns,
incorporated villages and organized townships in the Pro-
vince in proportion to population as compared with the
whole population of the Province, according to the enu-
meration thereof as shewn by the last preceding Dominion
census, at the date of such distribution, and in the event

1906.

SUPPLEMENTARY REVENUE.

Chap. 9.

of such population being uncertain, owing to change of
municipal boundaries, the Lieutenant-Governor in Council
shall determine the population of such municipality for
the purposes of this Act, and the Lieutenant-Governor in
Council may also fix the amount in cents per head of the
population to be so credited without allowing for fractions
of a cent.

(2) Against such credit there shall be charged to each Municipalities

i • • T. . -i ■ n xi ■ j to be debited

such municipality, as a contribution towards the mamten- with cost of
ance of such patients, a sum amounting to ten cents per ™ l^mates'oE
patient per day for each patient belonging to such muni- asylums, etc.
cipality maintained for the whole or any part of such year
in any lunatic or other asylum of the Province, such charge
to be made only in respect of patients on whose account
the Province is not in receipt from any source or sources
of one dollar and a half per week or more.

(3) In each such case all questions as to the liability of ^^ji^o^
the municipality in question to such charge shall be deter- how to be
mined by an officer designated for that purpose by the Pro- determined-
vincial Secretary. Such decision may at any time and

from time to time be varied or cancelled by such officer
or by any other officer designated as aforesaid.

(4) The balance remaining at the credit of each such p^l "ve^to6
municipality after deducting such charge shall be forth- Sard's main
with paid by the Provincial Treasurer to such munici- tenance of
palitj ; but no municipality shall be liable for any payment excessofThe
should the amount charged as aforesaid in any year exceed Edited s°
the amount credited as aforesaid in such year.

('5^ The names of the patients in respect of whom such paat™^t°ft0 be
charge is made shall be furnished each year to the muni- s?nt t° muni-

— cipfllitiGS.

fipality in question, but the same or any of them shall
not be published in the accounts of the municipality unless
ihe council of the municipality so directs.

CHAPTER

Chap. 10. DEPT. OF LANDS, FORESTS AND MINES 0 Ed\V. VII

CHAPTEE 10.

An Act respecting- the Department of Lands,
Forests and Mines.

Assented to 27th April, 1906.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows :

Rev\ stat.,^ 1. Section 2 of The Act respecting the Executive Covacil
EdW., ViLc.5, as amended by section 1 of the Act passed in the fifth year
s i, amended. of Hig Majesty's reign, chaptered 5, is further amended by
striking out the words "Minister of Lands and Mines" and
inserting in lieu thereof the words "Minister of Lands, For-
ests and Mines."

"Department of 2. The words "Department of Lands, Forests and Mines"
and Mines." aUCl the words "Minister of Lands, Forests and Mines" are
substituted for the words "Department of Crown Lands"
and "Minister of Lands and Mines" respectively wherever
they occur in any Act of the Province of Ontario referring
to the Department of Crown Lands or the Minister of Lands
and Mines; and the words "Deputy Minister of Lands and
Forests" are substituted for the words "Deputy Minister of
Lands and Mines" wherever the same occur in any such Act
referring to the Deputy Minister of Lands and Mines.

Rev. stat., c. 28, 3. Section 4 of The Public Lands Act is repealed and the
s. 4, repealed. fo]lowing. substituted therefor :

Deputy Min- 4. — (1) There shall be a Deputy Minister of Lands and
and Forests. Forests, who shall be appointed from time to time as a
vacancy occurs by the Lieutenant-Governor in Council and
shall perform such duties in the Department of Lands,
Forests and Mines as may be assigned to him by the Lieu-
tenant-Governor in Council or the Minister of Lands, For-
ests and Mines, and in the absence of the Minister or in the
case of a vacancy in the office of Minister, shall preside over
the Department as regards all matters other than those
under this Act assigned to the Deputy Minister of Mines,

and

1906 DEPT. OF LANDS, FORESTS AND MINES. Chap 1 U. 23

and the Deputy Minister of Lands and Forests shall dis-
charge as to the matters assigned to him the duties of the
Minister of Lands, Forests and Mines.

(2) - There shall also be a Deputy Minister of Mines, who Pj^"^ Jf?£"
shall be appointed by the Lieutenant-Governor in Council

from time to time as a vacancy occurs, who shall perform
such duties in the said Department in connection with
mines, mining lands and the mining industry and other
matters as may be assigned to him by the Lieutenant-Gov-
ernor in Council or the Minister of Lands, Forests and
Mines, and in the absence of the Minister or in the case of
a vacancy in the office of Minister, shall discharge therein
the duties of the Minister with respect to mines, mining
lands, and the mining industry and such other matters as
may be assigned to him as aforesaid.

(3) The Deputy Minister of Lands and Forests and theD^Uestobe
Deputy Minister of Mines shall each before entering upon

the duties of his office take an oath faithfully to discharge
the same, which oath shall be administered by the Minister
of Lands, Forests and Mines or any person appointed by
the Lieutenant-Governor in Council for that purpose.

(4) In the absence of either of the said Deputy Ministers oSeSty0'
the other Deputy Minister shall take his place and discharge other ,u l
his duties.

CHAPTER

Chap. 11.

MINES.

6 Edw. VII

CHAPTER 11

An Act respecting- Mines.

Assented to 11th May, 1906.

Short Title, s. 1.
Interpretation, b. 2.
Application of Act, s. 3 (1) (2).
Staking claims for stone, marble,
etc., s. 3 (3).
Royalties Abandoned, s. 4.
Reservation op Mines in certain

patents, abandoned, s. 5.
Sales for other purposes not

affected, s. 6.
Regulations, s. 7.
Mining Commissioner, s. 8.

Jurisdiction, powers and pro-
cedure, ss. 9, 16, 18, 21, 29, 43.
Penalty for disobeying orders of,

s. 17.
Sittings, ss. 22-27.
Shorthand writer, s. 28.
Appeals from, s. 30-43.
Rules of procedure, ss. 39-40.
Fees and costs, ss. 37, 38, 40, 41.
To be ex officio justice of the
peace, s. 42.
Bureau of Mines, — Deputy

Minister, ss. 44-46.
Provincial Geologist, s. 47.
Provincial Assayer, s. 48.
Inspectors, ss. 49-50.
Mining Recorders, — Powers and
Duties, ss. 51-73.
Constables appointed by, ss. 53,
54.

Inspection of documents in office

of, ss. 55, 56.
Evidence of records, s. 57.
Recording applications, ss. 58-59.
Jurisdiction of, in settling dis-
putes, ss. 60, 61, 65.
Appeal from, ss. 60, 61, 74, 75.
Decisions, record of, ss. 62-64.
Vacancy in office, ss. 66-73.
Inspection of Claims, ss. 67-70.
Certificate of Record, s. 71.
Extending time for performing

working conditions, s. 72.
Officers, — Employment of, s. 76,
77.

Not compellable to disclose in-
formation, s. 78.
Mining Divisions, Establishment
of, ss. 79, 80.

Mistakes as to office records, s.
81.

List of patents and leases to be

sent to Recorder, s. 82.
Special divisions, s. 83.
Licenses and Licensees, ss. 84-97.
Renewals, ss. 91, 92.
Substituted license, s. 93.
Crown Lands, Withdrawal of,
s. 98.

Re-opening lands withdrawn, ss.

99-101.
Gillies limit, s. 100.
Exploring without authority, ss.

102, 103.
Forest reserves, ss. 104, 106, 174

(2).

Mining Claims, s. 107.

In unsurveyed territory, s. 108.
What lands may not be staked,

s. 109.
Area of, s. 110-116.
Discovery necessary, s. 117.
Transfer of unpatented claims,

s. 118.

Surface rights, ss. 119, 122, 142.
Special Mining Claims, ss. 123-
129.

Lands Under Timber License, s.
130.

Staking out and holding claims,

ss. 131-140.
Working Permits, ss. 141-154.
Working conditions on, ss. 147,

149, 154.
Rights of holder, s. 150.
Transfers and renewals, ss. 151,
152.

Water powers on Mining Claims,
s. 155.

Recording Mining Claims, ss.
156-159.

Working

1906.

MINES.

Chap. 11 25

Wqkking Condition's on Mining
Claims, ss. 16p-164.
Report on work done, ss. 161,
162.

Abandonment of claim, ss. 165,
166.

Forfeiture of claims, ss. 167, 168.
Patent of Mining Claim, ss. 169-
174.

Price of mining lands, s. 174.
Timber, s. 175 ■

Surveys of Mining" iClaims, ss.

176-180.
ProspectingTermits,, s. 181.

Leasing to_holder, s. 181 (5), (8).
Placer Mining, s. 182.
Dredging Leases, s. 183.
Fees, s. 184.

Mining Partnerships,^. 185.
Companies, s. 186.
Exploratory Drilling, s. 187.
Lien for Wages, ss. 188, 189.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. This Act may be cited as The Mines Act, 1 906. short title.
R.S.O. 1897, c. 36, s. 1.

GENERAL PROVISIONS.

Interpretation.

2. Where the following1 words occur in this Act, and interpretation
in Orders-in-Council or regulations under it, they shall be
construed in the manner herein mentioned, unless a con-
trary intention appears :

(1) "Agent," when used in relation to any mine, shall "Agent.'
mean any person having, on behalf of the owner, care or
direction of any mine, or of any part thereof, and shall
include "manager" and "superintendent." R.S.O. 1897,

c. 36, s. 2 (11).

(2) "Crown lands" shall include all Crown lands, School "Crown-
lands or Clergy lands not in the actual use or occupation of Iiinds'
the Crown, or of any public Department of the Government

of the Dominion of Canada, or of this Province, or of any
officer or servant thereof, and not under lease or license of
occupation from the Crown or the Minister of Lands and
Mines, and as to which no adverse claim exists which is
subsequently recognized h\ the Minister of Lands and
Mines. R.S.O. 1897, c. 36, s. 2 (4).

(3) "Department" means and includes the Department "Department."
of Lands, Forests and Mines of the Province of Ontario.

(4)

Application of Act respecting
Riots near Public Works, s.
190.

Regulations for working Mines,

ss. 191-208.
Employees age, ss. 192-197.
Licensee not to damage other

claims, s 198.
Liquor licenses, s. 199.
Payment of wages, s. 200.
Statistical returns, s. 201.
Plan of workings, s. 202.
Prevention of accidents, ss. 203-

206.

Notice of accidents, report, ss.
207, 208.

Offences and penalties, ss. 209-
213.

Prosecutions, s. 214.
Burden of proof of title to ore,
s. 219.

Application of fines, fees, etc.,

ss . 220, 221 .
Repealing former enactments, s.

222.

Chap. 11.

MINES.

6 Edw. VII

(4) "In place" shall mean the place or position in which
a vein, lode or other deposit of mineral or minerals was ori-
ginally formed or deposited, as distinguished from loose,
fragmentary or broken rock, boulders or float, and from a
bed or deposit of gold- or platinum-bearing sand, earth, clay
or gravel.

(5) "Inspector" shall include any inspector appointed
under this Act, and whether for a Mining Division or any
part thereof, or for the Province. R.S.O. 1897, c. 36, s.
2 (12).

(6) "Licensee," "holder of a mining license," means and
includes the person, registered partnership or company
named in a miner's license duly issued under the provisions
of this Act, while said miner's license or any renewal there-
of is in force and unexpired and not cancelled or revoked
under this Act.

(7) "Minister" means and includes the Minister or Act-
ing Minister for the time being of the Department of Land?,
Forests and Mines of the Province of Ontario.

(8) "Machinery" shall include steam or other engines,
boilers, furnaces, stamps or other crushing apparatus, wind-
ing or pumping gear, chains, trucks, tramways, tackle,
blocks, ropes or tools, and all appliances of whatsoever kind
used in or about or in connection with the mine. R.S.O.
1897, c. 36, s. 2 (9).

(9) The noun "mine" shall include every shaft sunk or
in the course of being sunk, and every adit, level and
inclined plane driven or in the course of being driven for
commencing Or opening or working any mine, or for
searching for or proving minerals, and all the shafts,
levels, planes, works, machinery, tramways and sidings,
both below ground and above ground, in and adjacent to
a mine, and any such shaft, level and inclined plane belong-
ing to any mine to which this Act applies, together with
all rocks, soils, or strata containing any ore or valuable
mineral, and all roast yards, smelting furnaces and other
places where the work of mining or the crushing, reduc-
ing, smelting, refining or otherwise treating of ore or min-
eral may be carried on, and all borings, holes or wells put
down for searching for or procuring any mineral or min-
eral substance. R.S.O. 1897, c. 36, s. 2 (1).

(10) The verb "mine" and the participle "mining"
shall include any mode or method of working whatsoever
whereby the soil or earth or any rock, stone or quartz
may be disturbed, removed, carted, carried, washed,
sifted, roasted, smelted, refined, crushed or otherwise dealt
with for the purpose of obtaining any metal or mineral
therefrom, whether Ihe same may have been previously
disturbed or not. R.S.O. 1897, c' 36, s. 2 (2).

(H)

1906.

MINES.

Chap. 11 27

(11) "Mining Division" shall include any tract of "^jgjj^;,
country declared or proclaimed by Order-in-Council to

he a Mining Division under this Act. R.S.O. 1897, c.
36, s. 2 (3).

(12) "Mining rights" shall mean the ores, mines and rights."8
minerals on or under any land where the same are or have

been dealt with separately from the surface of the land.
R.S.O. 1897, c. 36, s. 2 (6).

(13) "Mining lands" shall mean and include all lands lands.1" 8
and mining rights patented or leased under or by authority

of any statute, regulation, Act, or Order in Council at any
time in force in Ontario, respecting mines or mining lands,
and likewise all lands used for mining purposes.

(14) "Official," "officer," means and includes the Dep-
uty Minister of Mines, the Provincial Geologist, the Pro-
vincial Assayer, the Inspectors, Mining Recorders and
other officials for the time being duly appointed under
this Act.

(15) "Owner" when used in relation to any mine, 0r"0wner""
mining land or mining rights shall include every person,
registered or unregistered partnership or body corporate,

who is the immediate proprietor or lessee or occiipier of
any mine, or of any part thereof, or of any land located,
patented or leased as mining land under this or any other
Act or law of, or applicable to, this Province, now or
heretofore in force, relating to mines, minerals or min-
ing, but shall not include a person, registered or unregis-
tered partnership or* body corporate who merely receives
a royalty, rent or fine from a mine or mining land, or is
merely the proprietor of a mine or mining land subject
to any lease, grant or license for the working" thereof, or
is merely the owner of the soil and not interested in the
ore or minerals thereon. R.S.O. 1897, c. 36, s. 2 (10).

(16) "Patent" shall mean a Crown grant and shall be " i'"""1' "
deemed in the case of a mining claim, or a special mining
claim, to include the fee simple or any less portion thereof
expressly stated, and in the case of mining rights to in-
clude all the Crown title in the mines, ores and minerals
thereof, together with, unless therein otherwise expressly
stated, all necessary rights of way and also water (if any)
essential to the due working thereof.

(17) "Placer mining claim" shall mean any natural t*$$iS!»*
stratum or bed of earth, gravel or cement mined for gold

or other precious minerals or stones.

(18) "Prescribed" refers to the direction contained in " described.'
an Order-in-Council or an Order or regulation made by .

the Minister or Mining Commissioner under the authority
of this Act.

(19)

Chap. 11.

MINES.

6 Edw. VII

• Shaft,'

" Stake,'
"post."

ft. S. B.C.
Is97, c. 18, s. 2.

(19) "Shaft" shall include pit, and "plan" shall include
a map or section, and a correct copy or tracing of any
original plan as so defined. R.S.O. 1897, c. 36, s. 2 (8).

(20) "Stake", "post" shall mean a stake standing not
less than four feet above the ground, and squared or faced
on four sides for at least one foot from the top, and each
side so squared or faced shall measure at least four inches
on its face so far as squared or faced, and any stump or
tree cut off and squared or faced to the above height or
size; provided when the survey is made the centre of the
tree or stump where it enters the ground shall be taken
as the point to or from which measurement shall be made.

" Surface
rights."

"Valuable
mineral."

" Water
power."

(21) "Surface rights" shall mean lands granted, leased
or located for agricultural or other purposes and in re-
spect of which the ores, minerals and mines thereupon or
under the surface thereof are by statute, the patent or
lease, or otherwise, reserved to the Crown. R.S.O. 1897,
c. 36, s. 2 (5).

(22) "Valuable mineral" shall mean a vein, lode or
other deposit of mineral or minerals in place, containing
such quantities of mineral or minerals, other than lime-
stone, marble, clay, marl, peat, or any building stone, as
to make it probable that the said vein, lode or other deposit
is capable of being developed into a workable mine.

(23) "Water-power" shall be deemed to include not only
the land under water at a fall or rapid, but also the
land adjoining such water to the extent of one chain on
every side thereof, together with such additional area
adjoining the same as, in the opinion of the Mining
Recorder of the Mining Division wherein same is situate,
or of the Minister may be necessary for the proper develop-
ment and utilization of such water-power. 63 V. c. 13,
s. 19.

Application of Act.

Miuesetc.tobe 3.- — (1) All mines, minerals, mining lands and mining
rights of every nature and kind within the legislative jur-
isdiction of the Province of Ontario, and every owner
thereof shall, where not herein otherwise provided, be sub-
ject to the provisions of this Act.

subject to
provisions of
Act.

Section ItiO,
application
limited.

(2) The provisions of section 160 of this Act shall
not apply to mines, minerals, mining lands, mining
claims and mining rights granted, leased, located or
recorded prior to the date this Act comes into operation,
or to mines, minerals, mining lands, mining claims
or mining rights applied for prior to the date this
Act comes into operation, under The Mines Act or any reg-
ulations

1906.

MINES.

Chap. 11 29

illations there under unless the application therefor is there-
after abandoned, withdrawn or refused, or lapses, or the
applicant omits to pay to the Department the purchase
price or first year's rental of the said mining lands or
mining rights, as the case may be, within the period or
periods prescribed by The Mines Act, or otherwise to fulfil
any of the conditions required of applicants for mining
lands under the said Act. Provided that all min- Proviso,
ing claims situated in the townships of Coleman, Bucke,
Lorrain and Hudson staked out and recorded on and after
the 28th day of August, A.D. 1905. under the Regulations
for Mining Divisions, shall be subject to the provisions of
this Act.

(3) Notwithstanding the passage of this Act applicants R^gh^of^
for mining lands who have complied with the provisions preserved,
of The Mines Act or regulations thereunder respecting
applications for such lands and whose applications are
pending before the Department at the time this Act is
passed, shall not be debarred from completing their appli-
cations in terms of the law in force previous to the coming

into operation of this Act as same is interpreted by the Min-
ister, or from obtaining such title to the said lands as is
provided for therein, as fully as if this Act had not been
passed.

(4) AVhere not situated within the limits of a Special staking claims
Mining Division, Crown lands containing any bed, stratum Gaining 'stone""
or deposit of limestone, marble, clay, marl, peat ar any marble et0-
building stone may be staked out as mining claims under

this Act upon proof being furnished to the satisfaction of
the Mining Recorder of the Mining Division in which the
lands are situated that such bed, stratum or deposit is of a
size and character as to be workable for any one or more of
such substances, but all valuable minerals as defined in this
Act shall be reserved therefrom ; but no such claim shall be
staked out on any land heretofore or hereafter located, sold
or patented under the Public Lands Act or the Free Grants
and Homesteads Act or the regulations made thereunder,
and the said substances shall be deemed to have been con-
veyed by any such patent heretofore issued or any such
patent hereafter issued ; provided that this section shall not
affect any rights heretofore acquired in any such substances
or the land containing the same.

4. All royalties which bv the Act passed in the 54+h Rovaitiesunde

54 V.. C. 8.55 V
c.9, abandoned.

year of Her Majesty's reign, entitled An Act to amend the^"-c'i!5&y-'

General Mining Act, or by The Mines Act, 1892, or by the
Revised Statutes (1897) respecting mines, or by any patent,
have been reserved, imposed or made payable to the Crown
for the use of the Province upon or in respect of any orei
or minerals extracted from lands granted under any patent
or lease, are declared to be abandoned. 63 V. c. 13, 8. 2.

Chap. 11.

MINES.

6 Edw. VII

Reservations 5. All reservations of mines, ores and minerals contained
in eertlin tc *n any patent issued prior to the 1st day of July, 1867, and

patents aban- all provisions except working conditions which reserve or
limit the mineral rights conveyed by any patent or lease
heretofore issued, excepting patents issued under The Pub-

?se 2>.iStat " CC' Hc Lands Act, and The Free Grants and Homesteads Act,
are hereby rescinded and made void, and all mines, ores
and minerals base and precious, in or upon such lands des-
cribed or defined in a patent, shall be deemed to have been
granted in fee simple as part of such lands, and to have
passed with the said lands to the subsequent and present
owners thereof free from any such reservation. 63 V.
c. 13, s. 3.

ofrier eur" 'ses ^' Nothing herein contained shall interfere with or pre-
not!arrreetedSes vent the sale, lease or location, for agricultural or other pur-
poses, of any lands situated within the boundaries of any
Mining Division, which have been or may hereafter be
opened for sale or as free grants under The Public Lands
Act and The Free Grants and Homesteads Act, or any Act
or Order in Council or Regulation respecting the sale and
disposal of such lands.

Regulations.

Lieutenant- 7. — (1) 'ph^ Lieutenant-Governor in Council may from

Governor 111 . .. , ,

council mav time to time make such orders as are deemed necessary to
tionstocarry carry out the provisions of this Act or to meet cases which
'of tAPrtovlslons may arise and for which no provision is made in the Act,
or when the provision which is made is deemed to be am-
biguous or doubtful, and may further make and declare
any regulations which are considered necessary to give
the provisions in this section contained full effect, and
from time to time alter or revoke any order or orders or
regulations made in respect of the said provisions and
make others in their stead and further impose penalties
not exceeding $200 or not exceeding three months' im-
prisonment for violation of any regulations under this
Act, and further provided that any statement or returns
required to be made by said regulations shall be verified
on oath.

Regulations as (2) The Lieutenant-Governor in Council may from time
roads, <mches, to time make such regulations as he deems necessary or
etl' expedient for the opening, construction, maintenance and

using of roads to, through or over mining claims, mining
locations or lands heretofore or hereafter sold or granted
as mining lands or recorded as mining claims or locations;
for the opening, construction, maintenance and using of
ditches, aqueducts or raceways through, over or upon such
claims, locations or lands for the conveying and passage
of water for mining purposes. R.S.O. 1897, c. 36, s. 7.

(3)

1906.

MINES.

Chap. 11 31

(3) Any orders or regulations made by virtue of the Regulations to
provisions of this section, shall have force and effect only ftf r^o/'Jano
after the same shall have been published in The Ontario before
(idzette, and such Orders or regulations shall, if made Assembly,
when the Legislative Assembly is sitting be laid upon the
table of the House during the then Session, and if made
ut any other time shall be laid upon the table of the
House within the first fifteen days of the Session next after
(he date thereof, and in case the Legislative Assembly at
the said Session (or if the Session does not continue for
three weeks after the said regulations are laid before the
House, then at the ensuing Session of the Legislature)
disapprove by resolution of such regulation or Order,
either wholly or in part, the regulation or Order so far
as disapproved, shall have no effect from the time such
resolution is passed. R.S.O. 1897, c. 36, s. 8: 63 X ., c.
13, s. 14.

MINING COMMISSIONER..

8. — (1) The Lieutenant-Governor in Council may, f rom maj^avpSiit
time to time, appoint a Commissioner to be known by the mis^oner°m
official title of "Mining Commissioner," for the purpose of

the Mining laws, that is to say, The 3fi»c.<; Act, and all
other Acts, laws, and parts of Acts and laws in relation to
the subject of Mining.

(2) The Mining Commissioner shall be deemed to be and^lfgf^^rt
shall be an officer of the High Court. „ ,

° To be a barns-

(3) He shall be a barrister of at least ten years' standing terof ten

, ,i -i n r\ . • J ° vears' stand-

at the bar of Ontario. ing.

(4) He shall hold office by the same tenure as an officer J^""re of
under The Judicature Act.

(5) He shall not practise as a solicitor or barrister or act Not to practise
in any capacity as a legal agent or adviser in any matter matters,
arising under this Act.

(6) He shall be paid a salary of such amount as may Snlary
be appropriated by the Legislature for that purpose to be
paid monthly, and reasonable travelling expenses.

Jurisdiction of the Mining Commissions;.

9. In relation to all unpatented mining lands or mining J^Xn,.'.' asto
rights and interests therewith connected and all persons, unpatented
mining partnerships and companies interested therein or 1
connected therewith the Mining Commissioner shall have
jurisdiction, power and authority under this Act as fol-
lows :

(a) In respect to all applications, matters and proceed- Jlirl'fl"
ings which may come, or be brought before him under the
provisions of this Act, or any former Act relating to mines
nr mining, he shall have the powers of a Judge of the High
Court of Justice, including the production of books and

I apers

Chap. 11.

MINES.

6 Edw. VII

Actions of
trespass.

Actions of
ejectment.

papers ; the compelling witnesses to attend and give evi-
dence before him; the amendment of all process, notices
and proceedings ; correcting errors and supplying omissions ;
the fixing the time and place of hearing ; appointing a time
for views and inspections which he may deem necessary;
summoning to his aid engineers, surveyors .or other experts
and regulating and directing all matters incident to the
hearing, trial and decision of the matters before him, so as
to do complete justice between the parties, and may grant
an injunction or mandamus in any matter before him under
this Act.

(6) In all actions of trespass on or, in respect of unpa-
tented mining claims and other unpatented mining property
or upon or in respect of unpatented lands or waters entered
or trespassed on, or claimed to have been entered or tres-
passed on, in searching for mining or working minerals, or
for any other purpose directly connected with the business
of mining, or in the exercise of any power or privilege
given, or claimed to be given, by this Act or any other Act
relating to mining.

(c) In all actions of ejectment from unpatented mining
claims or other mining property, or from unpatented lands
or waters entered, or claimed to have been entered upon,
in searching for mining, or working minerals, or for any
purposes directly connected with the business of mining,
or entered, or claimed to have been entered, under some
power, right or authority given or obtained under the pro-
visions of this Act, or any other Act relating to mining.

(d) In all suits for specific performance of, or for reform-
ing, or delivering up, or cancelling any agreement for sale,
purchase or lease of any unpatented mining claim, mine or
other mining property.

(e) In all suits for the dissolution or winding up of any
mining partnership, whether recorded or not, interested in
or connected with any unpatented mining land or mining
rights and interests, under the provisions of this Act.

(/) In all proceedings for orders in the nature of injunc-
tions or mandamus where the same are or are deemed by
him to be requisite for the granting of relief in any matter
in which jurisdiction is given to the Mining Commissioner
by this Act.

10. The words "Pursuant to The Mines Act, 1906,"
shall be written or printed on all summonses, plaints and
other process, and all other documents, in every matter,
cause and application taken or brought before the Mining
Commissioner.

Proceedings to H. The hearing of any summons, plaint , cause,
goner0onPwiyth. matter or other process or application before the Min-
ing Commissioner shall not be deferred beyond the short-
est reasonable time necessary in the interests of all

parties

Suits for
specific per-
formance, etc.

Partnerships.

Injunction and
mandamus.

Proceedings to
be styled as
being under
Act.

1906.

MINES.

'Chap. 11 33

parties concerned, and it shall be lawful in the discretion
of the Mining Commissioner to make summonses or other
proceedings returnable forthwith or at any other time.

12. In all mining causes, matters and appeals the Min- §onsdonStfteeS
ing Commissioner may decide the question at issue upon ground,
the ground in dispute and such decision shall be entered

as in ordinary cases and have the same virtue and effect
as if rendered at a formal hearing.

13. When the Mining Commissioner proceeds partly on when commis-
view or on any special knowledge or skill possessed by h im- on view™06*418
self, he shall put in writing a statement of the same suffi-
ciently full to allow a Divisional Court to form a judg-
ment of the weight which should be given thereto; and he

shall state as part of his reasons the effect given by him
to such statement.

1-1. In any mining cause, matter or appeal the Mining Jury
Commissioner may, before delivering judgment, direct all
or any issues of fact to be found by a jury empannelled in
accordance with the provisions of The Jurors' Act.

15. In all applications, matters, causes, appeals and costs,
proceedings before the Mining Commissioner he may
award such costs to either or any party and order and
direct that costs be taxed by an officer of the District,
County or High Court, and the costs so awarded shall be
recoverable as may be ordered by the Mining Commis-
sioner.

16. The Mining Commissioner in mining causes, mat- writs of
ters and proceedings may direct the issuing of writs and arrest' etc-
special orders for the arrest and detention of judgment
debtors in all cases in which by law he has jurisdiction

over the subject matter of the suit, but under and subject
to such conditions as the Court or a Judge might usually
require in applications of a similar nature in the High
Court.

17. Any person wilfully acting in contravention of this obelieneeto
Act, or refusing to obey any lawful order or award of the order of Com-
Mining Commissioner shall, on conviction thereof in a misslon r-
summary way before any two Justices of the Peace or a
Stipendiary Magistrate or before any Judge of a High or
County Court, be liable to a fine not exceeding two hun-
dred and fifty dollars, or to imprisonment with or with-
out hard labour for any terms not exceeding three months.

18. The Mining Commissioner shall have the powers o^fafrVferee
of and may act as an official referee under The J udieature

Act and The Arbitration Act.

19. All interlocutory applications for any of the pur- 5Srffai^n5y
poses mentioned in this Act shall be made to the Mining
Commissioner, and his order thereon shall be final and con-
clusive.

3 S. 20

Chap. 11.

MINES.

6 Edw. VII

actionsnfor°f Where an action for damages is brought in any

damagesto Court in Ontario and in the opinion of the Court in which
commissioner. acf-on jg br0Ught 0r of a Judge thereof, the proper
proceeding is under this Act, or the action may be more
conveniently tried before and disposed of by the Mining
Commissioner, the Court or Judge may^on the application
of either party or otherwise and at any stage of the action
make an order transferring or referring it to the Mining
Commissioner and on such terms as the Court or Judge
deems just, and the Mining Commissioner shall thereafter
give directions for the continuance of the action before
him and, subject to the order of transfer or reference,
all costs shall be in his discretion.

pleadings— 21. The Mining Commissioner at any time after

production oi -,. ■. ■. . . , in i • i

documents, etc. a proceeding is brought or taken before him or an appeal
or reference is made to him as herebefore provided, may
give directions for the filing or serving of objections and
defences to such appeal or reference, and for the production
of documents and otherwise, and may give an appointment
to either or anv party to the proceeding, appeal or refer-
ence, to proceed therewith at such place and time and in
such manner as to him may seem proper, but the hearing
shall be in the county or district, or one of the counties
or districts in which the subject matter of the proceeding
appeal or reference is situate.

Sittings of Mining Commissioner.

cierk of 22. The Clerk of the County or District Court in the

trict court to County or District where any proceeding under this Act
attend sittings is ^ originated shall attend all sittings of the Mining Com-
missioner in the County or District for which such Clerk
has been appointed, and in connection therewith shall be
subject to the orders of the Mining Commissioner and
under the direction of the Mining Commissioner, and shall
take charge of and file all documents and exhibits and
shall be entitled to the same fees for filings and for his
services and for certified copies of decisions or reports as
for similar services in the County Court ; which fees shall
be paid in money and not by stamps. The Mining Com-
missioner shall fix the place of trial for any cause coming
before him at such place as to him may seem most conven-
ient for the parties to the dispute.

Absence of 23. In the absence of the Clerk of the County Court

Clerk of Covin- ,~, •• • i i • ii

ty court- the Mining bommissioner mav appoint his own clerk or
appointment of gome nther pergon to act as Deputy Clerk of the County

Court for the purpose of the proceeding and for taking
charge of and filing all exhibits, and the person so ap-
pointed shall while so acting have the same power and
be entitled to the same fees as the Clerk of the county
Court would have and be entitled to if personally present.

Powers of 24. When an appointment is given by the Mining Com-

ommissionei mjssj0Iier for ^he hearing of any matter of reference under

3a s. this

1906.

MINES.

Chap. 11

this Act in any City, Town or place where a Court House *^t^QU°sfc
is situated, he shall have in all respects the same authority
as a Judge of the High Court in regard to the use of the
Court House, or other place or apartments set apart in the
county or district for the administration of justice.

25. Sheriffs, deputy sheriffs, constables and other peace sheriffs, etc., to
officers shall aid, assist and obey the Mining Commissioner commissioned
in the exercise of the jurisdiction conferred by this Act
whenever required so to do, and shall, upon the certificate

of the Mining Commissioner, -be paid by the county or
counties, district or districts, interested, like fees as for
similar services at the sittings of the High Court for the
trial of causes.

26. Subpoenas for the attendance of witnesses at the subpoenas,
hearing, tested in the name of the Mining Commissioner

may be issued by the Clerk of Records and Writs or by
the Clerk of any County or District Court in Ontario.

27. The fees and conduct money to be paid to a witness witness fees,
subpoenaed under this Act shall be according to the scale

:for the time being in force in County Courts.

28. A shorthand writer may from time to time be ap- ghorthand
pointed by the Lieutenant-Governor in Council to report writer,
hearings or trials before the Mining Commissioner, and
every such officer shall be deemed to be an officer of the

High Court, and shall be paid in the same manner as
shorthand writers in the High Court are paid, and the
several sections of The Judicature Act respecting short-
hand writers shall apply to any shorthand writer appointed
under this Act.

Decisions of Mining Commissioner.

29. The decision or report of the Mining Commissioner ^""^[l0^
shall not be given out until stamped with the necessary until stamped,
stamps.

30. The decision or report of the Mining Commissioner Appeal to
on any appeal, reference or proceeding under this Act, org1^sionftl
on a reference under The Arbitration Act, or in any action

or proceeding transferred or referred to him under this Act,
shall be binding and conclusive upon all parties thereto,
unless appealed from to a Divisional Court within fifteen
days after the filing thereof, or within such further time as
the Mining Commissioner or a Divisional Court or a Judge
thereof may allow, save as otherwise provided by this Act
in any case where it is declared that the decision of the
Mining Commissioner shall be final. The decision or report
may be appealed against to a Divisional Court in the same
manner as from a decision of a Judge of the High Court
sitting in Court.

Chap. 11.

MINES.

6 Edw. VII

commissioner01 31. The decision or report of the Mining Commissioner
—Notice of ' with the evidence, exhibits, the statement (if any) of
inspection or of technical knowledge and the reason for his
decision shall be filed in the office of the Clerk of the
County or District Court where the proceeding in question
was originated unless otherwise ordered by the Mining Com-
missioner, in which case the same shall be filed as and where
ordered by the Mining Commissioner, and notice of the
filing shall forthwith be given by the Clerk or other officer
with whom same is filed by post or otherwise, to the solicit-
ors of the parties appearing by solicitor, and to other par-
ties not represented by a solicitor.

32. The Mining Commissioner shall enter in the books of
his office a record of each decision made by him under auth-
ority of this Act in regard to a mining claim and, likewise,
notify the licensee holder, for the time being, of such min-
ing claim by registered letter addressed post paid to such
licensee to his address appearing of record in the books of
the Mining Commissioner.

33. A licensee holder, for the time being, of a mining
claim shall be entitled to receive from the Mining Commis-
sioner a certificate of any decision by the Mining Commis-
sioner authorized by this Act relative to such mining claim,
which certificate shall contain the date of the record in the
books of the Mining Commissioner of such decision.

Record of deci-
sions—notice
to licensee.

Certificate of
decision as to
mining claim.

Form of deci-
sion.— entry of
judgment
thereon.

Change of
venue.

34. The decision of the Mining Commissioner in all cases
shall be in the form of an award or order for judgment and
may be delivered as decisions by the Judges of the Supreme
Court of Judicature are, and need not be in the form of a
report ; and unless appealed from to a Divisional Court as
herein provided, judgment may be entered in the office
wherein the proceeding is then pending without any further
or other application or order. The Mining Commissioner
by order may change the venue in any proceeding before
him as he may deem desirable.

Procedure and Costs.

Application of 35. Except as in this Act otherwise provided, and sub-
preotioeof iec* to the provisions thereof, the rules and practice for the
High court. time being of the High Court of Justice shall, subject to

the decision of the Mining Commissioner, be followed so far

as the same are applicable.

Evidence need 36. In cases brought before the Mining Commissioner in
noteseextended pursuance of the powers conferred by this Act, or by any
quired16 °ther Act, the evidence taken before him need not be filed,
and need only_ be written out at length bv the shorthand
writer, if required by the Mining Commissioner or by any
parties to the proceeding; and if required by any of the

parties

1906.

MINES.

Chap. 11 37

parties to the reference, copies shall be furnished upon
such terms as may be fixed by the Lieutenant-Governor in
Council.

37. Fees shall be paid in stamps or otherwise in the same f^timps pa'd
manner as in the case of other proceedings in the High
Court until other provision is made in that behalf by
the Lieutenant-Governor in Council.

38. To provide a fund for or towards the payment of the f ees Pay*bIe, .

, . . . , , ,i_ for each daylof

Mining Commissioners salary and other expenses, there trial. (
shall be further payable a sum which shall be determined
by the Mining Commissioner and mentioned in his decision
or report or in a subsequent report, not to exceed the
rate of twenty-five dollars a day for every full day a trial
or proceeding occupies, and which shall be paid by one or
other of the parties, or distributed between or among the
parties as the Mining Commissioner directs; the said sum
to be paid to the Clerk for the uses of the Province and to
be accounted for by him.

39. The Judges of the Supreme Court of Judicature for supreme court
Ontario, with the Mining Commissioner, as a Board, shall makenUes.
have the like authority to make general rules with respect

to proceedings before the Mining Commissioner and appeals
from him as the Judges have with respect to proceedings in
said Court under The Judicature Art; and sections 122 to
125 of The Judicature Act shall, with the necessary amend-
ments, apply thereto.

40. — (1) Subject to any such general rules the Mining Powers of
Commissioner shall have power, with the approval of the asto™uU's°and
Lieutenant-Governor in Council, tn frame rules regulating tariffs of costs,
the practice and procedure to be followed in all proceedings

before him under this Act, and also to frame tariffs of fees
in cases not governed by the High Court tariff of costs.

(2) Such rules and tariffs, whether made by the Board or
the Mining Commissioner, shall be published in the
Ontario Gazette and shall thereupon have the force of law;
and the same shall be laid before the Legislative Assembly
at its next session after promulgation thereof.

41. Until other provisions are made under the last two scale of costs
preceding sections the tariff of the County Court in all causes p^storf*
and matters wherein the amount in ouestion therein is ofmade.

the value of loss than $400 and of the High Court in all
onuses and matter wherein thf amount in questiou is. or in
th° opinion of the Mining Commissioner may be. of th^
value of $400 or over, shall be the tariff of costs and of fees
and disbursements for solicitors and officers under this Act,
and the Mining Commissioner shall have the powers of a
County Judge and of a Taxing Officer of the High Court

with

Chap. 11.

MINES.

6 Edw. vir

with respect to counsel fees, and may also allow further
counsel fees in case of a trial occupying more days than one.

Ex-officio Jus-
tices of the.
Peace.

42. The Mining Commissioner and every Inspector, and in
and for the Mining Division in which a Mining Recorder
is appointed such Mining Recorder, shall be ex-officio a
Justice of the Peace of the county or united counties, dis-
trict or districts which a Mining Division comprehends or
includes, in whole or in part, or in which or in any por-
tion of which a Mining Division lies; and it shall not be
necessary that he shall reside therein or possess any pro-
perty qualification whatever in order to enable him lawfully
to act as such Justice of the Peace. R.S.O., 1897, c. 36,
s. 23.

Appeals from Mining Commissioned to Divisional Court.

Appeal from 43. Where not herein otherwise provided, there shall be
toUMsfoma1 an appeal to a Divisional Court from every decision of the
Court. Mining Commissioner.

BUREAU OF MINES AND OFFICERS.

Deputy Minister.

Bureau of
Mines, —
Deputy
Minister.

44. The Bureau of Mines established in connection with
the Department, to aid in promoting the mining interests
of the Province, shall be continued, and the officer ap-
pointed by the Lieutenant-Governor in Council as provided
in The Public Lands Act, and known as the Deputy Minis-
ter of Mines, shall have charge thereof under the direction
of the Minister unless and until otherwise ordered, and
shall be paid such salary as shall be voted by the Legisla-
ture. R.S.O. 1897, c. 36, s. 14.

Power of

Deputy

Minister.

45. The Deputy Minister shall have all the powers, rights
and authority throughout the Province which an Inspector
or Mining Recorder has or may exercise in any Mining
Division, and such other powers, rights and authority for
the carrying into effect of the provisions of this Act as have
been or shall be assigned to him by regulation. R.S.O.
1897, c. 36, s. 15.

Word "Bureau1
not to be used
by mining
concerns.

Penalty.

46. No person, firm, syndicate or company conducting a
mining business of any sort or kind in the Province shall
use the term "Bureau" to describe the name or title under
which such business is carried on ; and every person con-
travening this provision shall, for every day upon which
such contravention occurs, or continues, or is repeated, in-
cur a fine of not more than $20 and costs, and in default

1906.

MINES.

Chap. 11 39

of payment of the fine and costs such person, any member
of such firm or syndicate, or any officer of such company,
may be imprisoned for a period not exceeding one month.
62 V. (2), c. 10, s. 2.

Provincial Geologist.

47. The Lieutenant-Governor in Council may appoint Appointment
an officer to be known by the official title of "Provincial Geologist.
Geologist," who shall be an officer of the Bureau of Mines,

and shall perform such duties as may be assigned to him
by this Act or any regulation and who shall be ex-officio
an Inspector.

Peovincial Assayer.

48. The Lieutenant-Governor in Council may appoint Appointment
an officer to be known by the official title of "Provincial Assayer!es °£
Assayer," who shall be an officer of the Bureau of Mines,

and shall perform such duties as may be assigned to him
by this Act, or any regulation.

Inspectors.

49. The Lieutenant-Governor maj appoint for the Pro- Appointment
vince or any part thereof an Inspector or Inspectors who i"SpeCutoress of
shall be officers of the Bureau of Mines, and who shall per-
form such duties as may be assigned to them by this Act

or any regulation. R.S.O. 1897, c. 36, s. 16 (1). Amended.

Powers and Duties of Inspector.

50. An Inspector under this Act shall have power to do powersof
all or any of the following things, namely : inspectors.

(1) To make such examination and inquiry as may be inquiries-as;to
necessary to ascertain whether the provisions of this Act wi"hPAc"ce
relating to matters either above or below ground are com-
plied with in the cake of any mine.

(2) To enter, inspect and examine any mine and every InSpection
portion thereof at all reasonable times by day or night,

but so as not to impede or obstruct the working of the
mine.

(3) To examine into and make inquiry respecting the Examination
state and condition of any mine, or any portion thereof, and as to matters
the ventilation of the mine, and all matters and things heaUhand
connected with or relating to the safety of the persons Imp'oyJes.
employed in or about the mine, or any mine contiguous
thereto, and to give notice to the owner or agent in writ-
ing of any particulars in which he considers such mine or

any portion thereof, or any matter, thing or practice to
be dangerous or defective, and to require the same to be

remedied

40 Chap. 11.

MINES.

6 Edw. VII

Stopping work
when mine
unsafe.

General powers
for protection
of miners.

Annual report.

remedied within the period of time named in such notice,
and unless the cause of danger is removed or such defect is
remedied within the time named the owner or agent shall
be guilty of an offence against this Act.

(4) To order the immediate cessation of work in and the
departure of all persons from any mine or portion thereof
which he considers unsafe, or to allow persons to continue
to work therein on such precautions being taken as he
deems necessary.

(5) To exercise such other powers as may be necessary
for ensuring the health and safety of miners and all other
persons employed in or about mines, smelters, metallurg-
ical and mining works. 60 V., c. 8, s. 27. .

(6) Every Inspector under this Act shall make an annual
report of his proceedings during the preceding year to the
Deputy Minister of Mines, which report shall be laid before
the Legislative Assembly, s. 29.

Mining Recorders; Their Duties and Powers.

Mining
Recorder.

51. The Lieutenant-Governor may, from time to time, for
each Mining Division, appoint a local officer to be known
as a "Mining Recorder," who shall be an officer of the
Bureau of Mines, to receive and record applications for
mining lands in the respective Divisions, and to carry
out the provisions of this Act as prescribed. R.S.O. 1897,
c. 36, ss. 16 (1), 17.

Powers of
Recorder.

52. Every Mining Eecorder shall, as to the Mining
Division for which he is appointed, and the Mining Com-
missioner, shall have power to settle summarily all disputes
between licensees as to the existence or forfeiture of mining
claims, and the extent and boundaries thereof, and as to the
use of water and access thereto, and generally to settle all
difficulties, matters or questions between licensees which
may arise under this Act; and the decision of such Mining
Recorder in all cases under this Act sjiall be final, except
as to decisions pronounced after the passing of this Act
where an appeal is made therefrom to the Mining Com-
missioner within fifteen days from the date of such
decision, and no case under this Act shall be removed into
any court by certiorari. 63 V., c. 13, s. 18.

constables may *>3- Every Mining Recorder appointed in and for a Mill-
be appointed \n„ Division under this Act may appoint any number of

by Recorder. * - , . , *r J

constables not exceeding four; and the persons so from
time to time appointed shall be and are hereby constituted
respectively constables and peace officers for the purposes
of this Act, for and during the terms and within the Min-
ing Divisions for which they are respectively appointed.
R.S.O. 1897, c. 36, s. 25.

54.

1906.

MINES.

Chap. 11 41

54. Constables and peace officers appointed by a Mining Fees of con-
Recorder under authority of this Act shall be paid suchsa,es
reasonable fees and expenses as may be contracted for by

the Mining Recorder, but sucli fees shall not exceed two
dollars per day for the time certified by such Mining Re-
corder.

55. Every Mining Recorder shall keep all necessary books ^°okst*nbde
for the recording of mining claims and other entries therein kepTby e
as may be prescribed by the Minister, and the record of any Recorder-
mining claim in a book in the Mining Recorder's office

shall be open to inspection by any person on payment of a
fee of 10 cents for each claim examined. He shall also
keep displayed in his office a map' or maps showing the ter-
ritory included in the Division, and shall mark thereon all
the claims as they are taken up and recorded, and also all
areas applied for under the provisions of this Act relat-
ing to working permits, and also all such areas, specially
distinguished, in respect of which a working permit has
been issued, and there shall be no charge for examining
the same. R.S.O. 1897, c. 36, s. 51 (1).

56. Every document filed in the Mining Recorder's office ^p'^.[0docu
shall, during office hours, be open to inspection by any one ments.

on payment of the proper fee as set forth in the schedule r.s. b.c.
hereto. c.i8,s.97.

57. Every copy of or extract of any entry in any of Evidence of
the said books, or of any documents filed in the Mining recor s'
Recorder's office, certified to be a true copy or extract by the
Mining Recorder, shall be received in any court as evidence r.s. b.c,
of the matters therein contained. 18,98-

58. The Mining Recorder shall forthwith enter in the 'i*^™}*1^
proper book in his office the particulars of every applica- entered,
tion for a claim presented by a licensee, and shall file the
application, sketch or plan and affidavit with the records

of his office, and if within sixty days of the date of the
recording of a mining claim staked out after the passage of
this Act, no dispute as to the rights of a licensee to the
claim by reason of prior discovery or otherwise, has been
lodged with the Mining Recorder, he may grant to the^ecr^*'ate ot
licensee a certificate of such record. Such certificate may
be according to the form No. 1 set forth in the schedule
hereto. R.S.O. 1S9T, s. 36. s. 51 (1), part.

59. Every licensee, by or on whose behalf an application Applicant for
is made to record the staking out of a mining claim, a toCproduce a
special mining claim or a working permit, shall, at tlw re0Co"detoabe
time of such application produce the miner's license of such endorsed
licensee to the Mining Recorder to whom such application

is made, and such Mining Recorder shall endorse and sign

up mi

42 Chap. 11.

MINES.

6 Edw. yii

Adjudication
of recorder as
to compliance
with Act.

Mining
recorder to
decide as to
work done on
claim.

Record of
decisions,—
notice to
licensee.

Licensee holder
of claim may
procure copy
of report of
inspection.

upon the back thereof a note in writing of each and every
such record made to such licensee, and no such record shall
be complete or effective unless and until such endorsement

is made and signed on such miner's license.

60. Any question or dispute as to non-cumpliance with
the provisions of this Act regarding a mining claim, prior
to the issue of a certificate of record of staking out, shall
be adjudicated on by the Mining llecorder of the Mining
Division within which the mining claim in question is situ-
ated, subject to appeal therefrom to the Mining Commis-
sioner, as in this Act provided.

61. The Mining Recorder is hereby aiithorized to decide
upon the sufficiency or insufficiency of the work herein
required to be performed by the licensee holder for the
time being of a mining claim, and if any such licensee be
not satisfied with the decision of the Mining Recorder he
may appeal from the decision of such Mining Recorder to
the Mining Commissioner.

62. The Mining Recorder shall enter in v±±e books of his
office a record of each decision made by him tinder auth-
ority of this Act in regard to a mining claim, and likewise
notify the licensee holder of such mining claim for the
time being by registered letter addressed post paid to such
licensee to his address appearing of record in the books of
such Mining Recorder.

63. The licensee holder, for the time being, of a mining
claim shall be entitled to receive from the Mining Re-
corder a certified copy of any report of inspection made
under the authority of 'this Act and recorded in the books
of such Mining Recorder.

decisfonof °f licensee holder, for the time being, of a mining

Recorder. claim shall be entitled to receive from a Mining Recorder
a certificate of any decision of the Mining Recorder auth-
orized by this Act relative to such mining claim, which
certificate shall contain the date of the record in the books
of the office of such Mining Eecorder of such decision.

Recorder to 65. — (1) The Mining Recorder shall have power to take
ta'keev'ldence evidence upon oath in any matter or dispute concerning a
subpoenas mining claim, working permit or prospecting permit situate
within the Mining Division for which he is appointed, and
subpoenas for the attendance of witnesses at any in-
vestigation or hearing authorized to be conducted by a
Mining Recorder hereunder, tested in the name of the Min-
ing Commissioner, may be issued by the Clerk of Records
and Writs, or by the Clerk of any County or District Court
in Ontario, on the written requisition of the Mining Re-
corder requiring same.

(2)

1906.

MINES.

Chap. 11 43

(2) The fees and conduct money to be paid to a witness witnesses,
subpoenaed under this Act shall be according to the scale

for the time being in force in County Courts.

(3) The Mining Recorder in deciding any dispute before Recorderto
him where the attendance of witnesses appears to him to be shall pay
necessary, may decide as to which of the parties interested Wltnesses-
shall pay the witness fees and conduct money of such wit-
nesses, and such decision shall be binding upon the parties
unless reversed by the Mining Commissioner in cases
where an appeal is provided, for.

66. Where, for the time being, there is no Mining Re- ^cancy in
corder for a Mining Division, the duties of the Mining Recorder.
Recorder shall devolve upon the Bureau of Mines, under

the direction of the Deputy Minister, and it shall at all
time be lawful for the Deputy Minister to perform the r.s.b.c,
duties of a Mining Recorder, and the Deputy Minister c' 18, s' 104"
shall have all the powers of a Mining Recorder.

Inspection of Claims.

67. The discovery of valuable mineral, the staking out 'di^ to
(including blazing or otherwise marking the lines of a min- covery and
ing claim, and the line from the discovery post to No. 1 w^PAct.ce
post), and the performance of work as herein required, shall

be subject to inspection by the Mining Recorder of the
Mining Division within which the mining claim in ques-
tion is situated, or by an Inspector appointed under this
Act, or by any other officer appointed for that purpose
by the Minister, at any time prior to the issue of the certifi-
cate of record of the staking out thereof by and when and as
ordered by any of them, and thereafter only by and when
and as ordered bv the Mining Commissioner.

68. Notice of the time of making any inspection authorized Notice'of in-
by this Act shall be given by the Mining Commissioner, ^nTcensee
or the Mining Recorder or any officer intending to makeholder-
such inspection to the licensee holder, for the time being,

of such mining claim, addressed by registered letter post
paid to the address of such licensee appearing for the time
being of record in the books of the Mining Recorder afore-
said.

69. The said notice shall be given not less than seven How notice to
clear days prior to the time so fixed for such inspection be glven'
unless a shorter time be agreed to by or on behalf of the
licensee. Provided that such notice may be given to such
licensee holder personally as well as by registered letter.

70. The report of each inspection authorized by this Act Record of
shall be made in writing by the officer making the in- gpectkm. ™"

spection'

44 Chap. 11.

MINES.

6 Edw. VII

spection, and be by him delivered to the Mining
Recorder of the Mining Division within which such
mining claim is situated, and shall be recorded at length by

such Mining Recorder in the books of his office.

andCdenUrSyof 71. The issue and delivery of a certificate of record of
certificate of any mining claim shall, in the absence of fraud
on the part of the licensee, be final and conclusive evidence
of the performance of all requirements of this Act, except
working conditions, in respect to such mining claim up to
that time, and such mining claim shall not, in the absence
of fraud on the part of the licensee, thereafter be subject
to forfeiture, except for breach or non-compliance with the
provisions of this Act in respect to work required by this
Act to be thereafter performed on such mining claim.

Extension of
time for com-
pliance with
working con-
ditions in case
of det.,th or
incapacity.

72. In case of death or incapacity from illness of the
licensee of a mining claim, special mining claim or work-
ing permit within the period during which working condi-
tions are by this Act required to be performed, a Mining
Recorder may, from time to time, extend the time for the
performance of such working conditions for such period as
he may deem reasonable, and the said Mining Recorder
shall forthwith record in the proper book in his office the
particulars of any and every extension made or granted
by him under authority of this section. R.S.O. 1897, c.
36, s. 2 (2).

Bureau of 73. In case no person has been appointed Mining Re-

Deputy^iinis- corder of any Mining Division, all applications shall be
RecOTde^ap"1'1 ma^? to, anQl the duties herein provided to be performed
pointed. by the Mining Recorder of such Mining Division shall be

performed by the Bureau of Mines, under the direction

of the Deputy Minister.

ArPEALS FROM RECORDER TO MlNING COMMISSIONER.

MmingCom ^nere n°t herein otherwise provided, there shall be

missioncr. an appeal to the Mining Commissioner from every decision
of a Mining Recorder.

Time for ap-
pealing.

Notice ( f
appeal.

75. No appeal .authorized by this Act from the decision
of a Mining Recorder to the Mining Commissioner shall be
allowed after the expiration of fifteen days from the record
of such decision by a Mining Recorder in ihe books of his
office, unless within that time the time for appeal is ex-
tended by the Mining Commissioner, and thereafter not
after the time limited by the Mining Commissioner there-
for. Notice of appeal shall be given by filing a copy there-
of in the office of the Mining Recorder and serving a copy
thereof upon all parties adversely interested therein.

Other

1906.

MINES.

Chap. 11 45

Otiikr Officers.

76. — (1) The Lieutenant-Gevernor may, from time to time, StJjySSE"
appoint such other officers and agents as may be neces- JJJg11*^ other
eary under the provisions of this Act, and such officers and

agents shall perform such duties as may be prescribed.
R.S.O. 1897, c. 36, s. 17, part.

(2) Notwithstanding anything in The Public So- rice A ct ofprofeSora!
the Minister may employ any professor, instructor, or other t*onai in^tu*'
person engaged in any educational or other institution for tj^te 'mineral
the purpose of investigating the mineral resources of the resources.
Province or for any work in connection with or arising under
this Act, and may pay him for such services at such rate as
may be agreed upon, out of any moneys appropriated for
such investigation or work by this Legislature.

77. No officer appointed under this Act shall directly or bfintere^edin
indirectly, by himself or by any partner or other person, crown lands or

. J' J J J tr r > mining claim«.

purchase or become interested m any Crown lands or min-
ing claims, and any such purchase or interest shall be void.
A violation of this section shall cause the forfeiture of the
office of any such officer, and he shall, in addition thereto,
be liable to a penalty of $500 for every such offence. Such Penalty,
penalty may be recovered in an action by any person who
sues for same. R.S.O. 1897, c. 36, s. 18.

78. No officer appointed under this Act shall be com- ^wYto'diT
pellable in any Court to disclose information acquired by dose informa-
him in his official position.

MINING DIVISIONS.

79. For the purposes of this Act the Province shall be ^.fsngn-
divided by Order-in-Council into Mining Divisions with Province to be
limits which may from time to time be extended, added to dmded int0i
or diminished, and from and after the publication in The
Ontario Gazette of an Order-in-Council declaring a tract

of country to be a Mining Division, the Mining Division
therein mentioned and described, except as otherwise herein
provided, and all mines and mining lands therein shall be
subject to the provisions of this Act and to the regulations
made thereunder. R.S.O. 1897, c. 36, s. 44.

80. Upon the establishment of a Mining Division and the ^order's
opening of a Mining Recorder's office therein, such office, proper place
except as otherwise provided, and none other, shall be the (°aims°arddlg
proper office for recording all claims, records, certificates, documents,
documents, or other instruments affecting unpatented

claims or mining property applied for after this Act
comes into operation, and any thing by this Act required
to be done at the office of the Mining Recorder shall, if
the same affects or concerns any claim, mine, or mining
property to which this section applies situated within a
Mining Division, be done at or in the office of the Mining
Recorder of the Mining Division wherein such claim, mine
or other mining property is situated.

Provided

46 Chap. 11.

MINES.

6 Edw. VII

After issue of Provided that as to all mining claims or mining property
patent or ieas,e . nave heretofore been patented or leased, or in respect

of which a patent is hereafter issued, the proper office for
recording all claims, records, certificates, documents or
other instruments shall be the Registry Office for the Re-
gistration Division or the Land Titles Office for the Land
Titles Division, as the case may be, within which such min-
ing claims or mining property are situated.

Mistake as to
office of record.

R.S.B.C.,
C. 18, S. 22.

81. If, through ignorance, a licensee shall record a min-
ing claim in a Mining Division other than that in which
such claim is situate, such error shall not affect his title to
such claim, but he shall, within fifteen days from the dis-
covery of such error, record such claim in the Mining Divi-
sion in which it is situate, and such new record shall bear
the date of the former record, and a note shall be made
thereon of the error and of the date of the rectification of
the same.

Minister to
furnish Re-
corder with
list of lands
patented or
leased.

82. On the passage of this Act the Minister shall furnish
to each Mining Recorder a list of all mining lands or min-
ing rights, as the case may be, in respect of which patents
or leases have been issued by the Crown within the territory
embraced in such Mining Division, and the same shall be
filed for reference in the office of such Mining Recorder.

Special Mining Divisions.

sp^ciai^ Mining 83. Where a locality is reported or shown to be specially
special claims, rich in ores or minerals, the Lieutenant-Governor by Order-
in-Council may proclaim the locality therein defined or
described to be a Special Mining Division, and thereafter
all the provisions of this Act applicable to mining claims
in Mining Divisions shall be applicable to mining claims
to be known as "special mining claims," in such special
Mining Division, but the area of special mining claims
shall not, except as hereafter provided, exceed twenty acres
in extent.

Licenses and License Holders.

required 84. No person, registered partnership or company shall

carry on in Ontario the business of mining or be entitled to
explore for mines and minerals in Ontario without first
taking out and thereafter continuing in force a miner's
license, under the provisions of this Act. 63 V., c. 13,
s. 4, 11.

issue of 85. On payment of the proper fee, according to the sche-

liccnse. dule of fees herein set forth, the Minister, Deputy Min-
ister or any Mininj? Recorder may issue te any person over,
but not under, 18 years of age, registered partnership or

company

1906.

MINES.

Chap. 11 47

company incorporated or licensed under the laws of Ontario
applying therefor, a license to be called a "Miner's
License," which shall be dated on the date of issue
thereof, and expire at midnight on the 31st day of MarcnTermoj
next after the said date. Such license shall not be trans- license,
ferable. R.S.O. 1897, c. 36, s. 45 (1).

86. All miners' licenses and prospectors' licenses hereto- Licenses here-
fore issued and unexpired shall remain in force until the
date of expiry therein referred to, and shall have the
same force and effect as miners' licenses issued under this
Act, but mining claims staked out by a licensee there-
under after this Act comes into operation shall be subject
in all respects to the provisions of this Act.

87. A licensee under 21 years of age shall, as regards his Licensees
or her mining property and liabilities contracted in con- "ne,— property
nection with any mining claim or mining property, be jjn(1 liabilities
deemed to be and be treated as of full age.

88. Every license shall be effectual throughout the Pro- g^^^e
vince, and shall be signed and issued by the Minister, the out Province-
Deputy Minister or by any Recorder, and shall be accord- Form of'
ing to form No. 2 in the appendix hereto. 63 V., c. 13, s.

5, part.

89. The individual members of a registered partnership License may be

i i i j • • . -t iii issued to part-

or shareholders m an incorporated company need not benershipor
holders of a miner's license in order to qualify to be mem- comPany-
bers of such partnership or shareholders of such company,
but the holding of a miner's license by the partnership or
company shall not entitle any individual partner, share-
holder, officer or employee thereof to the rights or privi-
leges of a licensee.

90. Every miner's license shall be numbered, and in ^J^fJjS?
addition, shall, m conjunction with the number, be let- licenses,
tered with a letter or letters of the alphabet which is or
have been prescribed by the Minister to indicate a Mining
Division in which same was issued.

91. Upon payment of the fee set forth in Ihe schedule Renewals,
hereto, and upon the production of the then existing
license, a licensee, whose license is in force, shall, upon
application therefor, before the expiration of the license,
or within ten days thereof, be entitled to a renewal of such
license. 11. S.O. 1897, e. 36, s. 45 (2).

92. A renewal of a miner's license may be in the form
(No. 3) set forth in the appendix hereto, and the fee for
the renewal of a miner's license shall be as set forfh in ihe
schedule of fees hereto.

93-

Chap. 11.

MINES.

6 Edw. VII

de^mctionor 93. If any miner's license be accidentally destroyed or
loss of license, lost, the owner thereof may, on payment of the fee set
out in Schedule to this Act, have a true copy of it, signed
rsbc ^v the Mining Recorder out of whose office the original
c.18,8.7. was issued. Every such copy shall be marked "substi-
tuted license," and unless some material irregularity
be shown in respect thereof, ever" original or substituted
miner's license shall be evidence of all matters therein
contained.

Not more than 94. Except as hereinbefore provided, no person, regis-

one license to , , , 1 • •• in i <•

be issued. tered partnership, or mining company snail apply for or
hold more than one miner's license in any one year or
between the 1st of April in one year and 31st March in the
next year. Any breach of this section shall be an offence
against this Act.

clerks or em- 95. Nothing herein contained shall be deemed to pro-
require license, vide that a clerk or employee, of a licensee, shall require
to be possessed of a miner's license in order to perform
clerical, manual or other services of like nature for a
licensee, not including carrying on the business of mining
or exploring for mines and minerals.

License to be 9g Every licensee shall produce and exhibit his license

produced and , J . . r . . . . ,

proof of valid- to the Inspector or Mining Recorder of the Division, and
ny furnished. prove ^0 ^e satisfaction of the person so demanding pro-
duction that it is in force, if further required by him to

to do. R.S.O. 1897, c. 36, s. 54.

License to date 97. Any person, registered partnership or mining com-
tiorftherefon pany qualified to be an applicant for a miner's license
applying at the Mining Recorder's office during his absence,
and leaving the fee required by this Act with the officer or
B.S.B.C. c. 18, other person in charge of the said office, shall be entitled
to have such license from the date of such application..

Crown Lands.

withdrawal of 98. The Lieutenant-Governor in Council may, at any
ing rights from time, and from time to time, by Order-in-Council, with-
andsaie!0" draw any lands or mining rights the property of the Crown
from exploration, location and sale, and set the same apart
pending the exploration thereof for the prospecting of
veins, lodes or other deposits of ores or minerals therein by
the use of a diamond drill, or otherwise, under direction of
the Minister, and any lands or mining rights heretofore
withdrawn by Order-in-Council shall remain withdrawn un-
til restored to exploration, location or sale, as provided in
section 09 hereof. R.S.O. 1897, c. 36. s. 33.

Re-opening 99. The Lieutenant -Governor in Council may re-open
pioration after for cxploral ion , location or sale as mining lands any Crown
withdrawal. Innds which may at any time have been withdrawn from

exploration

1906.

MINES.

Chap. 11 49

exploration or sale, either upon the terms and conditions
contained in this Act, or upon such other terms and condi-
tions as may be provided or authorized in that behalf by the
Legislature.

100. The Crown lands described as all that tract of land or Lands on Mon-
territory formerly known as the Lumsden and Booth tim- heretofore1'
ber limit now known as Gillies Brothers' timber limit, withdrawn,
lying on both sides of the Montreal River in the District
of Nipissing, containing one hundred square miles more or
less, which, by Order-in-Council, were heretofore withdrawn
from exploration for mines or minerals, and from sale,
lease or location, when re-opened for exploration, location
and sale may, or any part or parts thereof specially defined
may, be re-opened on such terms and conditions and at such
price per acre or otherwise as may be fixed by Order-in-
Council, and said Crown lands or any part or parts thereof
shall, notwithstanding any other provision in this Act con-
tained, be subject to such terms and conditions and such
price as is provided by the Order-in-Council re-opening the
same. E.S.O. 1897, c. 36, s. 9.

Provided that the Lieutenant-Governor in Council may proviso,
provide that the mines and minerals in said lands or any
part thereof may be worked by or on behalf of the Crown
under and pursuant to regulations which may be made by
the Lieutenant-Governor in Council, and in such case the
said mines and minerals may be worked by or on behalf of
the Crown as therein provided.

101. Crown lands which have been withdrawn by Order- Lands with-
in-Council from exploration or sale under authority of this b^expioredfor.
Act shall, until re-opened by Order-in-Council for explora- worked,
tion or sale, remain withdrawn therefrom, and shall not be
explored, occupied or worked except as provided by the
preceding section.

102. Except as in this Act provided, no person, registered ^tobe""**
partnership or company shall explore, occupy or work any explored, etc.,

. ,r cxcopt under

Crown lands for mines or minerals. Act.

103. Any person exploring, occupying or working any^^^^f"
Crown lands for mines or minerals otherwise than in out authority,
accordance with the provisions of this Act, or attempting

to do so, shall incur a penalty of $20 and costs, and, in
default of payment of the fine and costs, such person may
be imprisoned for any period not exceeding one month.
R.S.O. 1897, c. 36, s. 9.

104. No person, registered partnership or company, not ^w*n of
the holder of a miner's license, shall use or occupy any of serves.

the lands in a Crown Forest Reserve, or prospect for miner-
als or conduct mining operations therein, and no licensee
shall use or occupy any of the lands in a Crown Forest Re-
4 s. serve

50 Chap. 11.

MINES.

6 Edw. VII

serve or prospect for minerals or conduct mining operations
therein, except in accordance with regulations made under
The Forest Reserves Act and amendments thereto, and all
regulations heretofore made thereunder are hereby con-
linued in force until otherwise provided by the Lieuten-
ant-Governor in Council. 61 V., c. 10; 63 V., c. 12; 5
Edw. VII., c. 9, s. 1.

purposes.

Lease of lands 105. ^ny lease of lands in a Forest Reserve, permitting

In forest reserve .. J .. . , « , • i i °

for mining mining operations therein, may be tor such periods and on
such terms as may be provided by regulations made by the
Lieutenant-Governor in Council, but the lease of such lands

shall be for a period not longer than ten years with the
right to be renewed for ten-year periods. 62 Vic. (2), c.
10, s. 8; 5 Edw. VII., c. 9, s. 3.

Application of 106. Any regulations to be made under authority of this
ditions ofCorn Act applicable to Crown Forest Reserves shall provide that
claims toYeases *ne working conditions applicable to an ordinary mining
in forest claim in a Mining Division, shall be applicable to a min-
ing claim in a Forest Reserve, and that upon performance
of the said working conditions a lease thereof according to
the terms hereof, but not a patent, may be granted there-
for.

Mining Claims.

What lands 107. Crown lands containing valuable ores or minerals,
ou*yandSsoide<1 ana" mining rights in lands, the ores and minerals whereof
have been reserved by the Crown in the location, sale,
patent or lease of such lands, may be staked out and sold
as mining lands, to be called "mining claims," as herein
provided. R.S.O. 1897, c. 36, s. 10 (1), part.

Claims in

unsurveyed

territory.

108. Each mining claim, special mining claim, and area
of mining land included in a working permit in the unsur-
veyed territory shall be laid out with boundary lines run-
ning north and south and east and west astronomically,
and the measurements thereof shall be horizontal, and in
a township surveyed into lots shall be such part of one of
such lots as herein denned, and the ground included therein
shall be deemed to be bounded under the surface by lines
vertical to the horizon. R.S.O. 1897, e. 36, s. 50 (2).

Claims not to
be staked out
In town sites
or in railway
lands.

Proviso.

109. No mining claim shall be staked out or recorded on
any land included in or reserved or set apart as a town site
whether the same shall have been subdivided into town lots
or not, or upon any station grounds, switching grounds,
yard or right of way of any railway, or upon any coloniza-
tion or other road or road allowance, except by order of the
Minister. Provided that all mines and minerals of every
nature and kind in any lands which have been or may
hereafter be transferred by any Order-in-Council under

authority

1906.

MINES.

Chap. 11 51

authority of Chapter seven of the Acts of the Legislature
passed in the fourth year of the reign of His Majesty shall,
unless expressly reserved therein, be deemed to have been
and in the case of an Order-in-Council hereafter made, unless
therein otherwise expressly stated, shall be deemed to be
included as part of the said lands, and the said mines and
minerals and the said lands are hereby declared to be
exempt from the provisions of this section.

110. A mining claim in unsurveyed territory shall not Area of mining
exceed a square of twenty chains or 1,320 feet, containing unsurveyed
forty acres, but an irregular portion of land lying between terntory-
two or more claims may be staked out with boundaries co-
terminous thereto, provided that its area shall not exceed

forty acres.

111. In any township surveyed into sections of 640 acres in townships
or thereabouts where the sections have been subdivided into gectionsof"*0
quarter sections, or subdivisions containing 160 acres or 648 acres,
thereabouts, a mining claim shall consist of the northeast
quarter, the northwest quarter, the southeast quarter er

the southwest quarter of any such quarter section or sub-
division, containing forty acres, or thereabouts.

112. In any township surveyed into lots of 320 acres or Townships

, surveyed into

thereabouts, a mining claim shall consist of one or other lots of 320 acres,
of the following subdivisions of the lot, namely, the north-
west quarter of the north half, the northeast quarter of
the north half, the southwest quarter of the north half,
the southeast quarter of the north half, the northwest quar-
ter of the south half, the northeast quarter of the south
half, the southwest quarter of the south half, or the south-
east quarter of the south half, containing forty acres, or
thereabouts.

113. In any township surveyed into lots with single guryeyedPinto
fronts, containing 200 acres or thereabouts, or in any lots of 200 acres,
township surveyed into sections of 1,200 acres or 2,400

acres where the lots contain 200 acres or thereabouts, or
in any township surveyed into lots with double fronts,
containing 200 acres or thereabouts, a mining claim shall
consist of the northeast quarter, the southwest quarter,
the northwest quarter, or the southeast quarter of the lot,
containing fifty acres or thereabouts..

114. In any township surveyed into lots of 100 acres or Townships
thereabouts, a mining claim shall consist of the north woTcrelow'0
half, the south half, the east half, or the west half of the

lot, containing fifty acres or thereabouts.

115. Where mining locations the property of the Crown Mining loca-
in unsurveyed territory have been surveyed' in conf ormitv survlvedin °re
with the provisions of any Act of the Legislature into £rXyyed

blocks

Chap. 11.

MINES.

O illDW. VII

biocks of the following dimensions, namely, 20 chains
in length by 20 chains in width, 40 chains in length by 20
chains in width, 40 chains square, or 80 chains in length
by 40 chains in width, or thereabouts, and the plans %and
field notes of such locations are of record in the Depart-
ment, a mining claim staked out thereon shall be 20 chains
in length by 20 chains in width, and one claim shall com-
prise the whole of a location 20 chains square. A location
40 chains in length by 20 chains in width may be divided
into two mining claims by a line drawn through the centre
thereof parallel to one of the shorter boundaries. In the
case of a location 40 chains square a claim shall consist of
one or other of the following subdivisions : the northeast
quarter, the northwest quarter, the southeast quarter, or
the southwest quarter. In a location 80 chains in length
by 40 chains in width where the length of the location is
north and south, a claim shall consist of the northeast
quarter of the north half, the northwest quarter of the north
half, the southeast quarter of the north half, or the south-
west quarter of the north half; the northeast quarter of the
south half, the northwest quarter of the south half, the
southeast quarter of the south half, or the southwest quar-
ter of the south half. Where the length of the location is
east and west a claim shall consist of the northeast quarter
of the east half, the northwest quarter of the east half, the
southeast quarter of the east half, or the southwest quarter
of the east half; the northeast quarter of the west half, the
northwest quarter of the west half, the southeast quarter
of the west half, or the southwest quarter of the west half,
containing forty acres or thereabouts.

Irregular lots
in surveyed
townships.

116. In the case of surveyed townships containing lots
irregular in shape or size, fronting upon a lake, river or
road, a mining claim shall consist of 40 acres, or there-
abouts, with a uniform depth and width of 20 chains, and
one or more of its boundaries shall coincide with one or
more of the boundaries of the lot of which it forms a part.

Discovery of J 17. No licensee shall be deemed to have acquired any
mineral necess- right or claim under this Act or any regulations thereunder
claim. VaM *° a mining' claim unless a discovery of valuable mineral has
been made thereon by or on behalf of such licensee.

recorded.

Transfers not 118. No transfer of an unpatented mining claim staked
able unless06 out after this Act comes into operation or of any interest
in writing and therein shall be enforceable unless the same shall be in
writing, signed by the transferor, or his agent authorized
in that behalf, and recorded by the Mining Recorder.
Such transfer may be in the form No. 4 in the appendix
hereto. Where a transfer is signed by an agent the auth-
ority

1906.

MIXES.

Chap. 11

ority of such agent shall be recorded prior to such trans-
fer being recorded. (New.)

Surface Rights.

119. Where the surface rights in any lands have been H?^?,'1^01'
granted, sold, leased or located and a mining claim shall be surface rights,
staked out for any portion of the said lands, the licensee so
staking out shall compensate the owner, lessee or locatee of
the said surface rights for injury or damages which are or
may be caused to the surface rights, and in case the
licensee and such owner, lessee or locatee are unable to
agree upon the amount of compensation therefor or the
manner in which same shall be paid or secured, application
by any party interested may be made to the Mining Com-
missioner to ascertain, determine and prescribe the amount
of such compensation and the manner and time in which
the same shall be paid or secured, and the same shall there-
upon be ascertained, determined and prescribed by the Min-
ing Commissioner, or as he may direct, and when so ascer-
tained, determined or prescribed shall be final and binding
upon all parties interested. R.S.O. 1897, c. 36, s. 42 (1).

120. The Mining Recorder shall have power to reduce Reduction in

. ° . . . ,. areaot claim

the extent of any mining claim or special mining claim where surface
staked out where the surface rights have been granted, been soldi*
sold, leased or located, i# in his opinion an area less than
forty acres or twenty acres, as the case may be, is suffi-
cient for working the ores, minerals and mining rights
therein contained, and his decision in such case shall be
final.

121 No person shall have the right of entry as prospector Right of entry

, 1 ,, „ ■ n ? » j-i , /• p of prospectors

or explorer upon the surface rights of that portion of any limited,
lot used as a garden, orchard, vineyard, nursery, plantation
or pleasure ground, or upon which crops that may be dam-
aged by such entry are growing, or on which is situated
any spring, artificial reservoir, dam or water-works, or any
dwelling house, outhouse, manufactory, public building,
church or cemetery, except with the consent of the owner,
lessee or locatee, or the person in whom the legal estate
therein is vested, or by order of the Mining Commissioner.
R.S.O. 1897, c. 36, s. 43.

122. The Mining Recorder shall not grant a certificate compensation
of record of the staking out of a mining claim as provided Defore claim
in section 58, on any lands the surface rights of which have recor e
been granted, sold, leased or located, unless and until com-
pensation for injury or damage to the surface rights has
been paid or secured, as provided by section 119 hereof.

Special

54 Chap. 11.

MINES.

6 Edw. VII

Special Mining Claims.

c\atosfinpecial 123. In any township surveyed into sections of 640 acres,
townships or thereabouts, where the sections have been subdivided

surveyed into » • ■ ■ • •

sections of into quarter sections or subdivisions containing 160 acres
or thereabouts a special mining claim shall consist of
either of the west half or the east half of any of the follow-
ing, that is to say : The northeast quarter, the southeast
quarter, the northwest quarter, or the southwest quarter
of any quarter section or subdivision, and shall contain
twenty acres, or thereabouts.

in townships jn any township surveyed into lots of 320 acres or

surveyed into

lots of 320 thereabouts, a special mining claim shall consist of one or
other of the following subdivisions of the lot, namely, the
northeast quarter of the noriheast quarter, the northwest
quarter of the northed quarter, the southeast quarter of
the northeast quarter, or the southwest quarter of the
northeast quarter, or any like subdivisions of the south-
east quarter, the southwest quarter, or the northwest quar-
ter of the said lot, containing twenty acres, or thereabouts.

in townships 125. In any township surveyed into lots with single

surveved into •

lots of 200 fronts containing 200 acres or thereabouts, or in any town-
ship surveyed into sections of 1,200 acres or 2,400 acres
where the lots contain 200 acres or thereabouts, or in any
township surveyed into lots with*double fronts containing
200 acres or thereabouts, a special mining claim shall,
where the side lines of the lots run northerly and south-
erly, consist of one or other of the following subdivisions
of the lot, namely, the northeast quarter of the north
half, the southeast quarter of the north half, the north-
west quarter of the north half, the southwest quarter of
the north half, the northeast quarter of the south half, the
northwest quarter of the south half, the southwest quarter
of the south half, or the southeast quarter of the south
half, containing twenty-five acres or thereabouts; and
where the side lines of the lots run easterly and westerly,
a special mining claim shall consist of the northeast quar-
ter of the east half, the northwest quarter of the east half,
the southeast quarter of the east half, the southwest quar-
ter of the east half, the northeast quarter of the west half,
the northwest quarter of the west half, the southeast quar-
ter of the west half, or the southwest quarter of the west
half, containing twenty acres or thereabouts.

Iii townships 126. In any township surveyed into lots of 100 acres or
ioteVofyiooWlth thereabouts, a special mining claim shall consist of the
acres. northeast quarter, the southeast quarter, the northwest

quarter, or the southwest quarter of the lot, containing

twenty-five acres or thereabouts.

127

1906. mines. Chap. 11 55

127. A special mining claim in unsurveyed territory in unsurveyed
shall be rectangular in form, and shall be laid out with terntor>
boundary lines running north and south and east and west
astronomically, and shall have a length from north to

south not exceeding twenty chains, or 1,320 feet, and a
width from east to west of ten chains or 660 feet, contain-
ing twenty acres, or thereabouts.

128. Where mining locations the property of the Crown ^"1."^.°^'
■ iu unsurveyed territory have heretofore been surveyed in fore surveyed

conformity with the provisions of any Act of the Legis- terrYtory.veyed
lature into blocks of the following dimensions, namely,
20 chains in length by 20 chains in width, 40 chains in
length by 20 chains in width, 40 chains square, or 80 chains
in length by 40 chains in width, or thereabouts, and the
plans and -field notes of such locations are of record in the
Department, a special mining claim staked out thereon
shall consist of the east half or the west half of a loca-
tion 20 chains square, containing 20 acres or thereabouts^
or the northeast quarter, the southeast quarter, the north-
west quarter, or the southwest quarter of a location 40
chains in length by 20 chains in width, containing 20
acres or thereabouts ; or the west half or the east half
of any of the following subdivisions of a location 40 chains
square, namely, the northeast quarter, the northwest
quarter, the southeast quarter, or the southwest quarter,
containing 20 acres or thereabouts; or of the north-
east quarter of the northeast quarter, the northwest
quarter of the northeast quarter, the southeast quarter of
the northeast quarter, or the southwest quarter of the
northeast quarter, or any like subdivision of the southeast
quarter, the southwest quarter, or the northwest quarter
of a location 80 chains in length 40 chains in width,
containing 20 acres more or less, or where the length of
such location is east and west, a special mining claim shall
consist of the east half or west half of the northeast quar-
ter of the east half, the east half or west half of the south-
east quarter of the east half, the east half or west half
of the northwest quarter of the east half, or the east half
or west half of the southwest quarter of the east half, or
of a corresponding subdivision of the west half of the
said location, containing 20 acres or thereabouts.

129. All the provisions of this Act applicable to mining Application of
claims shall be deemed to be applicable also to special vTS'to™"
mining claims, except where otherwise expressly stated, special claims-
and also where a particular provision or part thereof is
manifestly inapplicable.

Mining Claims on Lands under Timber License.

130. Except as is herein otherwise provided, it shall bf Licensee may
lawful for the holder of a miner's license to prospect for 1Prof;i»l'l't y

i it i ■ . i i . lands under

minerals on any Crown lands under timber license, except timber license.

where

Chap. 11.

MINES.

6 Edw. VII

Timber licen-
see to be noti-
fied of applica-
tion to record
claim.

wliere such lands have been withdrawn from exploration,
location or sale by any Act of the Legislature or Order-in-
Council, subject to the following conditions :

(1) In the event of the discovery of valuable mineral on
any Crown lands under license for pine timber, or for pine
and other timber, the mining licensee may stake out a min-
ing claim thereon and apply to have the said mining
claim recorded in the office of the Mining Recorder of
the Mining Division wherein the same is situated, and it
shall be the duty of the Mining Recorder withiii . three
days of the application for record of the staking out of
the mining claim thereon, to notify the Minister thereof,
and the Minister shall thereupon notify the timber licensee
thereof.

Operations to (2) The provisions of this Act in reference to mining
untifiilnfster °Perations on a mining claim so staked out upon Crown
decides lands included in a timber license shall be suspended until
miiiingmay be it has been decided by the Minister whether mining opera-
?im'ited °n °" tions or the performance of working conditions shall be
permitted to be carried on on such mining claim, and the
date on which the working conditions shall become opera-
tive and obligatory shall be the date fixed by the Minister
on which the same shall be begun, of which date due noti-
fication shall be given to the Recorder and mining licensee.

(3) It shall be lawful for the Minister to permit mining
operations upon such mining claim to be carried on, sub-
ject to such restrictions and limitations as in his judgment
may be necessary to protect the interest of the Crown and
other parties interested therein, and the Lieutenant-Gover-
nor in Council may, from time to time, and subject to the
provisions of subsection 3 of section 7 hereof, make regula-
tions regarding the carrying on of mining operations on
mining claims on Crown lands for the time being under tim-
ber license.

Minister may
permit opera-
tions, subject
to conditions.

Regulations to (4) Any regulations made under authoritv of _ this sec-
provide for tion shall provide for the payment to the timber licensee of
the value of any pine timber cut or damaged upon such min-
ing claim, and any dispute between the mining licensee and
the timber licensee in respect of the quantity or value there-
of, or otherwise, shall be disposed of by the Minister, whose
decision in regard thereto shall be final.

payment of
value of pine
timber cut.

Staking out and Holding Mining Claims.

wher li n ^-ny Person' registered partnership, or mining corn-

may prospect pany at the time duly holding a miner's license, may,
for minerals. excepf ag herein provided, and subject thereto, prospect

for mines or minerals :

(a) on any Crown lands surveyed or unsurveyed ;

b Edw. VI 1

MINES.

Chap. 11

(b) on any lands the mines, minerals or mining rights
whereof have been reserved by the Crown in
the location, sale, patent or lease of such lands ;
provided that same are not, for the time being, staked out
and occupied as a mining claim, or a special mining claim,
or are under working permit, or are withdrawn by any
Act of the Legislature or Order-in-Council, from explora-
tion, location or sale.

132. A licensee who discovers valuable mineral in place where licensee

it i -j^ii ix- i_ • J .1 may stake out

or a bed or deposit of gold- or platmum-bearmg sand, earth, claim,
clay or gravel, or upon whose behalf valuable mineral in
place or bed or deposit of gold- or platinum-bearing sand,
earth, clay or gravel has been discovered by a licensee shall
have the right to stake out thereon a mining claim, provid-
ing that it is on Crown lands not withdrawn from location
or exploration, and is not included in a claim staked out by
another licensee, or on lands the mines, minerals and min-
ing rights whereof have been reserved by the Crown,
and he shall have the right to ■ work the same and
transfer the interest therein of a licensee to another
licensee, and in case the surface rights have been granted,
leased or located by the Crown the licensee must proceed
as provided in section 119 of this Act. R.S.O. 1897, c. 36,
s. 47.

Nothing herein contained shall be deemed to authorize

• Persons not

any person not a licensee to prospect or stake out a mining licensees,
claim, a special mining claim, or an area of mining land
for a working permit or prospecting permit on behalf of any
registered partnership or mining company.

133. A mining claim may be staked ©ut by planting a Modeofstak.
discovery post of wood or iron (on which is written or placed ing out.
the name of the licensee making the discovery, the number

of the license and the date of his discovery, and, if the dis-
covery is made on behalf of another licensee, then also the
name of such other licensee and the number of his license),
upon an out-cropping or showing of ore or mineral in place
or upon the surface over some part of a bed or deposit of
gold- or platinum-bearing sand, earth, clay or gravel with-
in the boundaries of a claim, and by planting at each of
the four corners of the claim a ^ost of wood or iron in the
order following, viz. : No. 1 at the northeast corner, No.
2 at the southeast corner, No. 3 at the southwest corner,
and No. 4 at the northwest corner, the number in each case
to be on the side of the post towards the post which fol-
lows it in the order in which they are named. The like
particulars as are herein required to be written or placed
on the discovery post shall also be written or placed on
No. 1 post, and if the claim is situate in a township sur-
veyed into lots, there shall, in addition, be plainly written

58 Chap. 11.

MINES.

6 Edw. VII

or placed on No. 1 post the subdivision or part of the lot
comprised, or intended to be comprised, in the claim.
See E.S.O. 1897, c. 36, s. 48 (1).

Blazed doe

Bl&zed line

Fig No I.

claim' where n iSi. If one or more corners of a claim fall in any situa-
is impraetic- tion where the nature or conformation of the ground ren-

able to mark all i ,1 j< ±_ j_ • ±- i l i

four corners, ders the planting of a post or posts impracticable, such
corner or corners may be indicated by placing at the near-
est suitable point a witness post, which, in that case, shall
contain the same marks as those prescribed herein for corner
posts, together with the letters "W.P.," and an indication
of the bearing and distance of the site of the true corner
from such witness post. See R.S.O. 1897, c. 36, s. 48
part.

Blazed line

135

Fig No2.

1906.

MINES.

Chap. 11

135. Where there are standing trees upon a mining claim Blazing line,?
so staked out the licensee shall blaze the trees, on two Bides aisooveVpost.
only, and cut the underbrush along the boundary lines of «nd ciearingijsi

. . . boundaries.

the claim, and also blaze a line from No. 1 post to discovery
post, and shall mark plainly on No. 1 post the distance to
the discovery post, and also the subdivision of the lot
covered by the claim where the same is in surveyed terri-
tory. 61 Y. c. 11, s. 4.

136. Where there are no standing trees the licensee shall p'^g'ts where
clearly indicate the outlines of a claim, and also a line from impossible to
No. 1 post to discovery post by planting durable pickets blazeline'
(not less than five feet in height) thereon (at intervals of

not more than two chains) or by erecting thereon (at in-
tervals of not more than two chains), monuments of earth
and rock not less than two feet in diameter at the base, and
at least two feet high, so that the lines may be distinctly
seen.

137. Substantial compliance as nearly as circumstances substantial
will reasonably permit with the provisions of this Act re- ^n^'reguia-
garding the staking out of mining claims shall satisfy the tions-
requirements of this Act.

138. An irregular portion of land lying between two or irregular por-
more claims may be staked out with outlines coterminous *io.nsof 1?nd

, '-iiii i j between two or

thereto, provided that the area thereof shall not exceed more claims,
forty acres, or thereabouts.

139. No more than three claims may be staked out and Licensee not to
recorded by or for any licensee in any Mining Division ?han three1016
during the period covered by a license year. Hcenseyear6

140. The application of a licensee for a record of the stak- fe°™^*^n~
ing out of a mining claim shall not be deemed to confer daim recorded
any right whatsoever upon the licensee until such time as^,^61"1 cate
the staking out of the said mining claim shall have been
recorded with the Mining Recorder, and a certificate of

such record issued and delivered by the Mining Recorder
to the licensee or some person on behalf of the licensee.

WORKING PERMIT.

141. A licensee desirinsr to obtain the exclusive posses- obtaining ex-
sion of an area of mining land at the time open f or coloration.' °f
exploration and sale, whether Crown lands or lands
the mines, minerals or mining rights of which have been
reserved to the Crown in the location, sale, lease or patent
thereof, for the purpose of prospecting the same with a
view to discovering valuable mineral thereon, may (except
as to land which at the time this Act comes into operation,

Chap. 11.

MINES.

6 Edw. VII

or within one month thereafter, is being prospected or
worked, as in the proviso hereto hereinafter contained) do so
by proceeding in the following manner :

Imuidaries' ^' staking and marking out the boundaries thereof
by planting at each of the four corners thereof a post of
wood or iron in the order following, viz. : No. 1 post at the
northeast corner, No. 2 post at the southeast corner, No.
3 post at the southwest corner, and No. 4 post at the north-
west corner, the number in each case to be on that side of
the post towards the post which follows it in the order in
which they are named.

-witness post." 2. If one or more corners of the claim fall in any situa-
tion where the nature or conformation of the ground renders
the planting of a post or posts impracticable, such corner
or corners may be indicated by placing at the nearest suit-
able point a "witness post," which in that case shall con-
tain the same marks as those described herein for corner
posts, together with the letters "W. P." and an indication
of the bearing and distance of the site of the true corner
from such witness post.

Marking posts 3. At the time of the planting of the said posts the licen-
see, by whom the area is so staked, shall plainly write or
place on No. 1 post the name of such licensee, and in case
such staking out is on behalf of some other licensee then
also the name of the licensee on whose behalf the staking
out is done, together with the number of the license of
such licensees, respectively, and the date of the planting
of such posts.

Blazing trees 4. Where there are standing trees upon the area so
boundary Sines, staked out the licensee shall blaze the trees (upon two sides

only) and cut the underbrush along the boundary lines of

the area.

planting pick- 5 "Where there are no standing trees the licensee shall

ets where there °,, , . » tvt 1

are no trees. mark the outlines of the area, and also a line trom l»o. l
post to No. 2 post, by planting durable pickets (not less
than five feet in height) thereon (at intervals of not more
than four chains) or by erecting thereon (at intervals of
not more than four chains) monuments of earth or rock not
less than two feet in diameter at the base and at least two
feet high so that the line may be distinctly seen.

Marking and 6. Upon No. 1 post there shall be written the words
notching no. 1 -Working permit applied for," and said No. 1 post shall
be further indicated by notching the same with three rings
of notches not less than a quarter of an inch deep and not
less than two inches apart, beginning at a distance of not
less than two nor more than three inches from the top of the
post.

Trenching 7. The situation of the No. 1 post shall be further indi-
cated by. trenching to a depth of not less than six inches

for

1906.

MINES.

Chap. 11

for a distance of not less than six feet along the course of
the boundary line between No. 1 post and No. 2 post, and
by trenching to a depth of not less than six inches for a dis-
tance of not less than six feet along the course of the boun-
dary line between No. 1 post and No. 4 post.

8. If the area is situated in surveyed territory the licen- where area is
see shall also indicate on No. 1 post the portion of the town- territory,
ship lot upon which the area is situated in accordance with

the provisions of section 133 of this Act.

9. The area to be included in a working permit situated £™&£feacre_
in a Mining Division shall not, except where herein other- ^£5^ in
wise provided, exceed 40 acres in extent, or, where situ- permit,
ated in a special Mining Division, 20 acres in extent.

10. By furnishing to the proper Mining Recorder an Licensee to tile
application in writing (in duplicate) therefor, accompanied map or pKn'
by a map or plan (in duplicate) thereof, indicating gener-
ally and as definitely as possible the location of the said

area by reference to some ascertained boundary or locality.

11. By furnishing to the proper Mining Recorder under compliance
oath, within fifteen days thereafter, satisfactory proof of

tions to be

the planting of the said posts and their distances from each oafhfiedby
other in feet, together with an application in writing,
which may be according to the form No. 5 in the schedule
hereto, accompanied by proof, under oath, of the name of
the licensee interested and the number of his license, the
name of the licensee by whom the area was staked out, and
the number of his license, the locality of the area as indi-
cated by some general description or statement, and such
other information as will enable the Mining Recorder to
lay down the area on his office maps, the time when the
said posts were planted, and the area staked out, and evi-
dence, on oath, that the land at the time of its being staked
out was not in occupation or possession of, or being pros-
pected for minerals by any other licensee, and that the
deponent has no knowledge and had never heard of any
adverse claim by reason of prior discovery or otherwise.
The affidavit under this section mentioned may be accord-
ing, to the form No. 6 in the appendix hereto.

In case the area is situated more than ten miles in Additional
a straight line from the office of the Mining Recorder, an '^Jiing.
additional day shall be allowed for recording such staking
out for each additional ten miles or fraction thereof.

12. By procuring from such Mining Recorder a certifi- certificate of
cate (which may be according to the form No. 7 in the beaffixedu)0
appendix hereto) of the said application, and nailing or No- 1 p**4-
otherwise securely affixing the same to No. 1 poet on the
said area within three days after the granting of the said
certificate, and if the area is more than ten miles in a
straight line from the office of the Mining Recorder, one

additional

Chap. 11

MINES.

6 Edw. VII

Procuring

working

permit.

Proviso as to
work in
progress-

Proviso as to
preference
among differ-
ent licensees.

additional day shall be allowed for each additional ten
miles or fraction thereof.

13. By procuring from the said Mining Recorder, after
sixty days from the staking out of the area and within
seventy days therefrom, a working permit in the form No.
8 in the appendix hereto.

Provided that if, when this Act comes into operation,
or within one month thereafter, any person (who is, or
within the said period of one month, becomes, a licensee)
.is then at work prospecting and working upon any such
lands in drilling, trenching, digging or excavating the
same, no other licensee who has not made a discovery of
valuable mineral thereon, shall be entitled, during that
time, to stake out any portion of such lands, if in unsur-
veyed territory, nearer than 10 chains to any such drill,
trench or excavation, or apply for a working permit there-
of, or if in surveyed territory, to stake out an area which
would include any part of the lot sub-division, upon which
such person or licensee is then engaged in drilling, trench-
ing, digging or excavating.

Provided further, that if more than one such person or
licensee is, at the time this Act comes into operation, at
work prospecting or working as aforesaid, upon any such
area, preference shall be given to such one applying for a
working permit, within said period of thirty days, as first
began and continuously remained, at such work, on the
said area.

rTghh^sVranteCd "Where the surface rights of any land have been

compensation patented, sold, leased or located, and the mines, minerals
owner30* e l° or mining rights thereof have been reserved to the Crown,
no working permit shall be issued unless and until the
applicant therefor has filed evidence to the satisfaction of
the Mining Recorder, that he has arranged with the owner
of the surface rights for compensation for injury or dam-
age thereto, or failing such arrangement, that such com-
pensation has been ascertained, and paid or secured, in man-
ner provided in section 119 hereof.

143. Sections 107 to 140 and section 161 of this Act, so
modified as may be necessary, shall be applicable as far as
circumstances will admit, to every application for a work-
ing permit. <

144. The licensee applicant for a working permit shall
privi-not be entitled to any exclusive or other privileges with

! permit, regard to the area applied for prior to the issuance to such
licensee of the working permit referred to.

Application of
sections.

Licensee not
entitled to
exclusive .
leges be'ore

Application not 145. The area referred to in the application for a work-
ing permit, and every part thereof, may be prospected for
mit issued. minerals and if a discovery of valuable mineral is made

thereon

1906.

MINES.

Chap. 11 63

thereon, may be staked out as a mining claim by any
licensee at any time until a working permit has been
granted by a Mining Recorder, and the applicant for the
working permit shall be entitled to exclusive possession
thereof only after the working permit shall have
been issued, and notice thereof in such form as may be
prescribed shall have been affixed by or on behalf of the
applicant therefor to No. 1 post on said area.

116. It shall be the duty of every Mining Recorder to N°tf0cn^bpepli-
post up in his office notice of all applications for working posted up.
permits in the form No. 9 in the appendix hereto.

Working Conditions on Working Permit

117. — (1) A licensee to whom a working permit of an
area has been granted shall perform thereon work which
shall consist of searching for minerals by sinking a shaft
or shafts, pit or pits, by digging trenches, making cross-
cuts, boring by diamond or other drills, or other bona fide
operations of a like kind to the extent of not less than
eight hours per day for five days in each week during the
six months next following two weeks after the issuance of
such working permit. Provided the licensee may at his
option perform an equal amount of such work in a less ro
period of time

(2) The construction of houses, roads or other like Houses.t ™ac<^
improvements shall not constitute work within the mean- stnute " work."
ing of this section.

118. The provisions of this Act relating to the forfei- Forfeiture lor
ture of a mining claim for default in performance of work
thereon, shall as nearly as possible, according to the cir-
cumstances of the case, be applicable to the area defined

in a working permit.

119. In the event of any dispute arising as to whether a Disputes as to
licensee holder of a working permit, has in fact complied w^workfng
with the provisions of this Act necessary to entitle such conditions,
licensee to exclusive possession of said area, the Mining
Recorder may notify the licensee holder of said working

permit of such dispute, and fix a time which will admit of
seven clear days' notice to such licensee of the hearing of
said dispute proved to the satisfaction of the Mining
Recorder, and shall then summarily decide said dispute
at his office or such other place as he may fix for that pur-
pose, and the decision of said dispute by a Mining Recorder
shall be final and not subject to any appeal, and if the
decision of the Mining Recorder is to the effect that the
working permit has lapsed or become forfeited for failure
to comply with any of the provisions of this Act, the said
area shall forthwith thereupon become open for applica-
tion

Chap. 11.

MINES.

6 Edw. VII

tion by any licensee for a working permit, or for staking
out as a Mining claim, as the case may be, in the same way
as if no application therefor had previously been made or
working permit thereof previously issued.

fr°Viisoifr Provided that service of notice upon the licensee holder
notice upon of the working permit may be effectually made by serving
rngdpermiTork' same upon him personally wherever he may be, or if he is
not upon or in the neighborhood of the area defined in the
working permit, then by serving the same upon any grown-
up person in the employ of such licensee upon or in the
neighborhood of said area, or if there is no such person
then by affixing the notice to No. 1 post on said area. The
notice herein referred to may be in the form (No. 10) in the
schedule hereto.

Rights of hold- 150. Subject to the performance by the licensee holder
permit on com- of a working permit of all the provisions of this Act relat-
conditionsh to a working permit, the said licensee shall be entitled

for the period of six months next after the date of the issu-
ance of such working permit, less the interval of time elaps-
ing between such issuance and the posting of notice thereof
on No. 1 post of such area, and the renewal thereof (if
any), to exclusive possession of the area defined in said
working permit, and said area shall not during that time
be open to be staked out by any other licensee for any pur-
pose whatever.

Assignment of 151. The licensee holder of a working permit may, sub-
working per- jecj. the consent of the Mining Recorder endorsed there-
on, transfer by assignment in the form (No. 11) in the
appendix hereto, all his rights in the said area and work-
ing permit, and upon said transfer being recorded in the
office of the Mining Recorder aforesaid, the licensee to
whom the same is transferred shall thereupon be entitled
to the unexpired term of the working permit together with
any right of renewal thereof hereby authorized.

Renewal 152. It shall be lawful for a Mining Recorder to grant

to a licensee holder for the time being of a working per-
mit, one renewal thereof for a period of six months subject
to the performance of work of the like nature as is here-
inbefore specified. Such renewal may be according to form
No. 12 in the appendix hereto.

berno\0w"Uk"n ^° ^censee RhaU ^e entitled to apply for or hold

permHsTfTbe"8 more than three working permits for any one Mining Divi-
yo'.'.r m any sion in any year between the first day of April and the
thirty-first day of March next thereafter.

tjiMwithfn 1M- In computing the time in which work is required
which work to to be performed by this Act upon the area included in a
working permit, the period of time extending from the

fifteenth

1906.

MINES.

Chap. 11 65

fifteenth day of November in one year to the fifteenth day
of April in the succeeding year, shall be deemed to be
excluded, as shall also the time or times so stated by any
Order-in-Council or regulations made under or by authority
of this Act, but no application for a working permit shall
be receivable by any Mining Recorder during the said period
or periods.

Water Powers on Mining Claims.

155. A valuable water power lying within the limits of p0awersnat in"
a claim shall not be deemed to be part of the claim for the eluded in
uses of the licensee. A road allowance of one chain in am'
width shall be reserved on both sides of the water together

with such additional area of land as in the opinion of the
Mining Recorder of the Division in which same is situated
may be necessary for the development and utilization of
such water power. A water power under this section
referred to shall be deemed to be a valuable water power,
if the same at low water mark, in its natural condition, is
capable of producing 150 horse power or upwards. R.S.O.
1897, c. 36, s. 50 (3).

Recording Mining Claims.

156. Every licensee who has staked out a mining claim, Filing-p]an and
or upon whose behalf a mining claim has been staked out, application for
shall, within fifteen days thereof, except as by the next 0 aim'
section provided, furnish under oath to the Mining Re-
corder of the Division wherein same is situated an outline

sketch or plan thereof showing the discovery post and cor-
ner posts, and the witness posts (if any) and their distance
from each other in feet, together with an application there-
for in writing setting forth, under oath, the name of the
licensee interested and the number of his license, the name
(if any) of the claim, and its locality as indicated by some
genera] description or statement, and such other informa-
tion as will enable the Mining Recorder to lay down the
claim on his office maps, or, if in a surveyed township, shall
indicate the portion of the lot of which it forms a part, the
length of the outlines, if for any reason they are not regu-
lar, and the nature of such reason, the situation of the dis-
covery post as indicated by distance and direction from No.
1 post, the time when discovery of valuable mineral in place
or a bed or deposit of gold or platinum-bearing sand, earth,
clay or gravel was made and when the claim was staked
out, and the date of the said application. The application
in this section referred to may be according to form No. 13
in the appendix hereto, and the fee payable on filing the
same with the Mining Recorder shall be as provided in the
schedule hereto.

Provided that if a licensee claims to be entitled to a free Proviso,
grant of a mining claim or special mining claim under sec-
5 s. tion

66 Chap. 11.

MINES.

6 Edw. VII

tion 170, lie shall, in addition to the application to record
the staking out thereof, make application for said free
grant, which may be according to form No. 15 in the
appendix hereto. R.S.O. 1897, c. 36, s. 51 (1), 'part.

Affidavit shew-
ing discovery
of valuable
mineral.

Proviso.

157. The licensee in the preceding section named shall
accompany the said sketch or plan and notes with the affi-
davit of the discovering licensee, showing the discovery of
valuable mineral (which shall be specified), bed or deposit
of gold or platinum-bearing sand, earth, clay or gravel upon
the claim by such licensee on his own behalf or on behalf
of another licensee, and that the deponent has no know-
ledge, and has never heard of any adverse claim by reason
of prior discovery or otherwise. The affidavit shall also
state the locality of the claim as indicated by some general
description or statement, and may be according to the form
No. 14 in the appendix hereto.

Provided that an applicant for a free grant of a mining
claim or special mining claim under section 170 shall file
an affidavit proving his right thereto, which affidavit may
be according to form No. 16 in the appendix hereto.

tlme1forIrecord- . 158. In case the claim is situated more than ten miles in
ingdaim.g— a straight line from the office of the Mining Recorder, an

additional one day shall be allowed for recording for each

additional ten miles or fraction thereof.

Recorder noTio 159. There shall not be entered on the record or be receiv-
ciaimd any abla kv any Mining Recorder any notice of any trust,
"in trust." express, implied or constructive, relating to any un-
patented mining claim, or special mining claim, or
to any working permit or prospecting permit, or
the areas therein described. Describing a licensee,
owner or holder of a mining claim for the time being, as a
trustee, whether the beneficiary or object of the trust is men-
tioned or not, shall not impose upon any person dealing
with such owner or holder, the duty of making any enquiry
as to the power of the owner or holder thereof for the timo
being, but such owner or holder may deal with the claim
or working permit as if such description had not been
inserted.

Proviso. Provided that nothing herein contained shall relieve the

recorded holder or owner thereof who is in fact a trustee
thereof or of any part or share thereof or therein, from
liability at law as between himself or herself as the case
may be, and any person, partnership or corporation for
whom he or she is a trustee, but such liability as between
said parties shall continue in the same wav and to the
same extent as if this section had not been enacted.
R.S.O. 1897, c. 138, s. 103.

Working

1906.

MINES.

Chap. 11 67

Working Conditions on Mining Claim.

160. — (1) A licensee who has staked out a mining claim working
under the provisions of this Act shall, during the three during°firat
months immediately following the recording of the samethreemonths-
in the office of the Mining Recorder, perform thereon

work, which shall consist of stripping or in opening up
mines, in sinking shafts or other actual mining operations,
to the extent of not less than eight hours per day for thirty
days.

(2) The construction of houses, roads or other like im- ^"not™**18'
provements shall not constitute "actual mining operations" constitute
within the meaning of this section.

(3) A licensee who has staked out a mining claim under JJ^^fof first5
the provisions of this Act shall, during each of the three ami second
years following the expiration of three months from the'lMrs'
record by or on behalf of such licensee of the staking there-
of, perform thereon work, as in the first subsection hereof
provided, as follows :

(a) During each of the first and second of such three

years to the extent of not less than eight hours
per day for sixty days.

(b) During the third of such three years' work thereon Third year.

to the extent of not less than eight hours per
day for ninety days.

(4) The work herein required to be performed upon a work maybe
mining claim may be performed by the original licensee or naTiicTnseior
any other licensee who has derived title from or through aSiisn-
such original or any subsequent licensee. Provided that

the work herein required to be performed on a mining
claim may be completed, at the option of the licensee there-
of, in a less period of time than herein specified. Provided Proviso,
also that if more work is performed by or on behalf of a
licensee on a mining claim than is herein required during
the first three months or any subsequent year, such excess
of work upon due proof of the same having been performed proviso.
shall be credited by the Mining Recorder as against the
work required to be performed during the next or anv sub-
sequent year. R.S.O. 1897, c. 36, s. 34 (1); 62 V. (2),
o. 10, s. 7.

161. A licensee of a mining claim shall make a report in Licensee to
writing verified by oath to the Mining Recorder of the Min- ^"work on'
ing Division in which such claim is situated of the per- oath,
formance of the mining operations herein required to be
performed which report may be according to form No. 17

in the appendix hereto, and such report shall be completed
and delivered as aforesaid within ten days after the time
within which such mining operations are required to be
performed. 62 Yic. (2), c. 10, s. 7.

162-

68 Chap. 11.

MINES.

6 Edw. VII

Form of
affidavit verify
ing report.

162. — (1) The affidavit verifying the report of a licensee
holder, for the time being, of a mining claim above referred
to may be in the form No. 18 in the appendix hereto. 62
Vic! (2), c. 10, s. 7.

(2) The Mining Recorder if satisfied that the working
conditions required to be performed have been duly per-
formed may give a certificate according to form No. 32 in
the appendix hereto.

If two or three
claims conti-
guous, work
may be done
upon one.

Proviso.

163. If two or three mining claims held by the same
licensee are contiguous, the whole of the work herein
required, applicable to the said two or three mining claims,
may be performed by the licensee upon one of them, if the
licensee has notified the Mining Recorder of the Mining
Division within which such mining claims are situated of
his intention to perform all the said work in the year or
years specified, upon the one of the said mining claims so
specified, which said notice may be in the form (No. 19)
in the appendix hereto. Provided that in computing the
amount of work performed, as herein required, upon any
number of mining claims, not more than three contiguous
to each other, the licensee shall be deemed to have complied
with the provisions of this section if the total work per-
formed by him upon the said group of mining claims
amounts altogether to not less than the total amount of
work which but for this proviso would have been required
to be performed upon each of the said mining claims.
R.S.O. 1897, c. 36, s. 32 (2).

fsu^November """n comPuting the time within which work or min-

and i5th April ing operations are required to be performed by this Act
to be exempt. ^ perj0j 0f t\me extending from the 15th November in
one year to the 15th April in the succeeding year shall be
deemed to be excluded as shall also the time or times so
stated by any Order-in-Council or regulations made under
the authority of this Act. R.S.O. 1897, c. 36, s. 52 (3),
53.

Abandonment.

Licensee may
abandon
mining claim
or permit.

165. A licensee may, at any time, abandon a mining
claim, working permit, or prospecting permit, by giving
notice in writing to the Mining Recorder in the Mining
Division in which such claim or area is situated of his inten-
tion so to do, which notice may be according to the form
(No. 20) in the appendix hereto. Such notice shall be imme-
diately recorded in a book in the Mining Recorder's office,
and from the date of the record of such notice all interests
of the licensee in such claim, working permit, or prospect-
ing permit, as the case may be, shall cease and determine,
and the same shall thereafter be the property of the Crown,
free from all claims of every nature and kind. 61 V., c. 11,
8. 8, port; 62 V. (2), c. 10, s. 13, part.

166-

1906.

MINES.

CliaB. 11 69

166. Non-compliance by or on behalf of the licensee of ai™o wlt^Act
any provision of this Act relating to the staking out and °[.d.^|ction of
recording of a mining claim, working permit or prospecting Recorder to be

■a • l J" Ul • ilf • 1 • ii deemed aban-

permit, including the blazing or otherwise marking alldonment.
lines by the Act required, or of a direction of the Mining
Recorder in regard thereto within the time limited by the
Mining Recorder therefor, shall be deemed to be an aban-
donment. See R.S.O. 1897, c. 36, s. 51 (1), (2).

Forfeiture.

167. — CI) In default of compliance with the working con- Forfeitureon
ditions herein required during the first three months or ^rfonnwork
during any subsequent year of the said period of three

years, and of the delivery of the report in section 161
referred to, within the time thereby limited, all rights
of the licensee connected with any such mining claim
shall, unless otherwise ordered by the Mining Commis-
sioner, after appeal to him as herein provided, revert to and
be vested in His Majesty, his successors and assigns for
the rmblic uses of the Province, freed and discharged of
any interest or claim of the licensee and of every other per-
son whatsoever, and the Mining Recorder shall make an
entrv to that effect on the page of the Record Book showing
the claim. 60 V. c. 8, s. 9.

(2) The decision of the Mining Commissioner in this sec- Decision of
Hon referred to shall be final.

final.

168. All the interest of a licensee in a mining claim, caus>s of
before the patent thereof has issued, shall cease and be^[*j*tur<;0jf
deemed to be forfeited, and the mining claim in such case

shall revert to the Crown free from all claims of every
nature and kind thereto:

(a) If the license of the licensee has expired, and not

been duly renewed as herein provided.

(b) If, without the consent in writing of the Mining

Recorder or Mining Commissioner, any licensee,
or any person on behalf of the licensee, removes
a stake or post by the Act required to be placed
on a mining claim, for the purpose of changing
boundaries, or otherwise, after the plan thereof
and notice in regard thereto have been filed with
the Mining Recorder.

formed are not duly performed.

(d ) If the report required by section 161 to be made

by a licensee of the performance of mining
operations is not made and deposited with the
Mining Recorder as therein required. R.S.O.
1897, c. 36, s. 45.

(e)

70 Chap. 11.

MINES.

6 Edw. VII

(e) If an application for patent required by section

169 to be made by a licensee for a mining claim
be not made within the time required by this
Act.

(f) If the purchase price required by section 176 to

be paid by the licensee for a patent for a min-
ing claim is not paid as and when by the Act
required. See 63 V., c. 13, s. 16. Amended.

Application for Patent op Mining Claim.

how licensee 169. Upon compliance by or on behalf of the licensee of
^tenuoiiaim. the requirements of this Act and including the perfor-
mance of the work hereby required, and upon payment by
or on behalf of the licensee holder for the time being of
any mining claim of the purchase price of the mining
claim as provided in section 174 hereof the said licensee
holder shall be entitled to a patent of such mining claim.
A licensee entitled to a patent of a mining claim shall
apply therefor within a period of three months, after the
expiry of three years and three months from the date of
recording the claim in the office of the Mining Recorder,
and failure to apply therefor and pay the purchase price
thereof within such period of three months shall be deemed
to be a forfeiture of all the interests of such licensee in
such mining claim, and such mining claim in such case
shall revert to and be vested in His Majesty, his successors
and assigns, for the public uses of the Province, freed and
discharged of any interest or claim of any other person or
persons whomsoever. The application for a patent shall be
made to the Mining Recorder of the Mining Division
within which such mining claim is situated, and may be
according to form No. 21 in the appendix hereto.

Free grant to 170. A licensee who is the first discoverer of valuable
first dlscoverer' metal, ore, or mineral at a point which is not less than five
miles from the nearest known mine, vein, lode or deposit
of the same kind of metal, ore or mineral, and who com-
plies with all the other provisions of this Act shall upon
satisfactory proof of such facts be entitled to a patent
thereof without payment of the purchase price, which,
but for the provisions of this section would have been pay-
able therefor. R.S.O. 1897, c. 36, s. 32; 62 V. (2), c. 10,
s. 6.

of areaetobet- ^n a^ Pa^ents for mining claims within the Dip-

reserved for tricts of Algoma, Thunder Bay and Rainy River, and that
part of the District of Nipissing which lies north of the
French River, Lake Nipissing and the River Mattawan
there shall be a reservation for roads of five per centum
of the quantity of land proposed to be granted and the
Crown or its officers shall have the right to lay out roads
where, and as deemed necessary. R.S.O. 1897, c. 36,
s. 26, bs. 4.

172-

1906.

MINES.

Chap. 11 71

172. Every patent of Crown lands or mining rights by Patent to; be
which, it is intended to vest in the grantee or patentee the Lance ofPAct.
mines and minerals therein or any part thereof or any

rights in connection therewith, shall be stated to be made
in pursuance of this Act.

173. Every patent of Crown lands which purports to be yey^nground
made in pursuance of this Act shall, unless otherwise title,
expressly stated, vest in the grantee all the Crown title in

such lands and all mines and minerals therein.

Pric6 of

174. — (1) The price per acre of all Crown lands to be mining iands.
sold as mining lands shall be :

(a) If in surveyed territory... $3 00

(b) If in unsurveyed territory 2 50

The price per acre for a patent of mining rights shall be Mining rights,
one-half the above rates. It. S. 0., 1897, c. 36, s. 31.

(2) No lands shall be sold or patented for mining pur- No laildst0 be
poses in anv Forest Reserve. 5 Edw. VII., c. 9, s. 1. sold orpatent-

r ed in Forest

Reserves.

Reservation of Timber.

175. — (1) The patents for all Crown lands sold or granted ^^If9
as mining lands shall contain a reservation of all pine trees
standing or being on the lands, which pine trees shall con-
tinue to be the property of His Majesty, and any person
holding a license to cut timber or saw logs on such lands
may, at all times during the continuance of the license,
enter upon the lands and cut and remove such trees, and
make all necessary roads for that purpose. R.S.O. 1897,
c. 36, s. 39 (1).

(2) The patentees, or those claiming under them (except Patentees may
patentees of mining rights) may cut and use such trees as bunding" for
may be necessary for the purpose of building, fencing and
fuel on the land so patented, or for any other purpose essen-
tial to the working of the mines thereon, and may also cut
and dispose of all trees required to be removed in actually
clearing such part of the land as may be necessary to be
used for mining purposes, but subject, as regards pine trees,
to paying the value thereof, including timber dues, to the
Crown or any licensee or other person licensed or authorized
to cut such pine trees, as the case may be. If any dispute
arises between the patentee or those claiming under him and
the timber licensee with regard to the quantity or value of
the pine timber so cut or disposed of, or otherwise regarding
such timber, the same may be referred to the Minister,
whose decision shall be final. Ibid (2). Amended.

Survey

72 Chap. 11.

MINES.

6 Edw. VII

Survey of Mining Claims.

inluMur°veyed 176. A mining claim in unsurveyed territory in order to
surveyed b°ybe De patented shall require to be surveyed by an Ontario
ox.s". Land Surveyor at the cost of the licensee applicant there-

for, who shall furnish at the time of the application for
a patent the surveyor's plan, in triplicate, field-notes and
description of the location showing a survey in conformity
with this Act and to the satisfaction of the Minister.
R.S.O. 1897, c. 36, s. 27.

Saim to beey °f 177. The boundary lines of a mining claim in unsur-
made. veyed territory shall follow the courses of the lines of the

claim as originally staked out on the ground, or as the lines
may have subsequently been altered, changed or corrected
by the Mining Recorder of the Mining Division in which
such mining claim is situated, and whenever an Ontario
Land Surveyor is employed to run the boundaries of any
such claim he shall do so by running a straight line between
Post No. 1 at the northeast angle of the claim and Post No.
2 at the southeast angle thereof, and a straight line between
said Post No. 2 and Post No. 3 at the southwest angle there-
of, and a straight line between said Post No. 3 and Post No.
4 at the northwest angle thereof, and a straight line be-
ween said Post No. 4 and Post No. 1 at the northeast ajigle
thereof, and shall mark out said lines on the ground by
blazing the adjacent trees distinctly on three sides, i.e.,
one blaze on each side in the direction of the line and one
on that side by which it passes, and shall give to each
mining claim, so surveyed, a designating number or let-
ter, which designating number or letter he shall mark
on the posts at each of the four angles of the claim and shall
connect such survey with some known point in a previous
survey or with some other known point or boundary so that
the claim may be laid down on the office maps of the terri-
tory in the Department.

Minister may 178. If, in the case of application for a patent of a min-
ofc"atmSiinVey ing claim in surveyed territory, the Minister should be of
wrdtory1 opinion that a survey of such mining claim is necessary,
the Minister may so direct and a survey thereof, shall be
made in compliance with such direction, at the expense
of the applicant, and shall, unless otherwise ordered, com-
ply with the same requirements as if in unsurveyed terri-
tory.

may reduce.

ifareaof 179. If, as the result of anv survev required or author-

claim excels- - ii 1 • a j 1 »' ••' 1 • • 1

sive, Minister ized by this Act, the area of a mining claim or a special
mining claim exceeds the acreage by this Act specified in
reference thereto, it shall be lawful for the Minister to
grant a patent for such portion of such mining claim as
shall not exceed the acreage of such specified area. (New.)

180

1906.

MINES.

Chap. 11 73

180. Wherever practicable any reduction in the area of a How reduction
mining claim, which, according to the survey thereof, ex- "
ceeds, in the case of a mining claim, 40 acres, or in the
case of a special mining claim, 20 acres shall be
made by restricting the same as follows : In case of a
mining claim by commencing at No. 1 post and proceeding
along the line between the said post, and No. 2 post a dis-
tance of 20 chains, or to No. 2 post where the said distance
does not exceed 20 chains, thence westerly and parallel to
the line between So. 2 post and No. 3 post a distance of 20
chains, or to a point on the line between No. 3 post and No.
4 post where the said distance does not exceed 20 chains,
thence northerly on a line parallel to the line between No.
3 post and No. 4 post a distance of 20 chains, or to a point
on the line between No. 4 post and No. 1 post where the
said distance does not exceed 20 chains ; thence in a straight
line to No. 1 post ; and in the case of a special mining claim,
by commencing at No. 1 post and proceeding along the line
between No. 1 post and No. 2 post a distance of 20 chains,
to No. 2 post where the said distance does not exceed 20
chains, thence westerly parallel to the line between No. 2
post and No. 3 post a distance of 10 chains or to a point on
the line between No. 3 post and No. 4 post where the said
distance does not exceed 10 chains, thence northerly parallel
to the line between No. 3 post and No. 4 post a distance of
20 chains, or to a point on the line between No. 4 post and
No. 1 post where the distance does not exceed 20 chains,
thence in a straight line to No. 1 post.

Prospecting Permits.

181. — (1) Any licensee desirous of acquiring a permit to permitCfor'g
prospect for petroleum, natural gas, coal or salt, upon any^t™^""^'.
Crown lands not withdrawn from exploration or sale or c'oa"andgsait.
upon any lands, the mines, minerals or mining rights of
which have been reserved to the Crown in the patent, sale,
lease, or location, shall before going into occupation of
such lands, stake out the same bv planting a post at each
corner thereof, and writing or marking on No. 1 post, at the
northeast corner of the said area, the words "Prospecting
Permit applied for," the name of the licensee stak-
ing out the said lands and the number of his li-
cense, also the name of the licensee in whose name or on
whose behalf it is proposed to make application for such
permit, the number of his license, the date on which the
said lands are staked out, a statement of the area intended
to be covered by the Permit ; and shall within fifteen days
thereafter make application in duplicate for the said Permit
to the Mining Recorder of the Mining Division within
which the lands are situate, which application may be
according to Form No. 22 in the appendix hereto. One

co^y

Chap. 11.

MINES.

6 Edw. VII

copy of such application shall at once be posted up in the
Recorder's office, and one copy forwarded to the Minister.
The application shall be verified by affidavit which may be
according to Form No. 23 in the appendix hereto. If the
area so staked out is more than ten miles from the office
of the Mining Recorder, one day additional for every addi-
tional ten miles or fraction thereof shall be allowed for
making said application.

(2) After the expiry of thirty days from the making of
such application to the Mining Recorder, and not later
than ninety days thereafter, the licensee shall make appli-
cation to the Minister for a Permit to prospect said lands
for petroleum, natural gas, coal or salt, or any one or more
of the said substances, and shall accompany his applica-
tion with a plan or diagram showing as nearly as possible,
the situation of the lands and shall give the best practic-
able written description of the same, and pay in a fee of
flOO. If the lands are situate in surveyed territory, the
applicant shall describe the lands by the numbers of the
lots and concessions. Upon completion of the application,
if no good reason appears to the contrary, the Minister may
grant the Permit, which shall be called a "Prospecting
Permit", and shall be for one year only. Such Permit
may be according to Form No. 24 in the appendix hereto.

extent of tract. (3) Every tract of land for which a Prospecting Permit
is applied, if in unsurveyed territory, shall be rectangular
in form and shall not exceed six hundred and forty acres
in extent, and the boundary lines thereof shall be due
north and south and due east and west, astronomically.
If in surveyed territory such tract may consist of any
number of lots, not containing in all more than six hun-
dred and forty acres, provided they are contiguous, and
the whole tract need not be rectangular in form.

ditionsngo°n" ^ A Prospecting Permit shall require the holder there-
of to enter upon the tract of land described therein within
two months of the date thereof, and to expend thereon in
actual boring, sinking, driving or otherwise searching for
petroleum, natural gas, coal or salt, a sum not less than
at the rate of two dollars per acre during the term of the
permit, which expenditure shall not include any moneys
laid out for houses, roads or other like improvements.
Upon proof being filed with the Minister that the said
expenditure has been made and all other terms and condi-
tions oF the permit duly complied with, the Minister may

Fee- at the expiry thereof, grant a renewal of the same on

payment of a fee of one hundred dollars, subject to like
conditions as to expenditure in actual boring or other-
wise

Licensee to
make appli-
cation to
Minister.

Form and

1906.

MINES.

Chap. 11 75

wise searching for the substances aforesaid, or any one or where surface
more of them. Wh ere an application for a prospecting been granted,
permit includes any lands, the surface rights of which
have been patented, sold, leased or located, and the mines,
minerals or mining rights of which have been reserved to
the Crown, such permit shall not issue until the appli-
cant has filed evidence to the satisfaction of the Minister,
that he has arranged with the owner or owners of the
said surface rights for compensation for injury or dam-
age thereto, or failing such arrangement that such compen-
sation has been ascertained and paid or secured in man-
ner provided in section 119 hereof.

(5) Upon 1he holder of a prospecting permit, proving Lease may
to the satisfaction of the Minister, that he has discovered issue on dis" _^
petroleum, natural gas, coal or salt, or any one or more of
the said substances in commercial quantities upon the lands
included therein, the Minister may lease the said lands or
any portion of them to the holder of the said permit or his
assignee for a term of ten years at an annual rental of one
dollar per acre, payable in advance, and subject to the
expenditure of not less than two dollars per acre per annum
for raising or obtaining petroleum, natural gas, coal or
salt, or any one or more of the said substances therefrom,
or in actual bona fide operations or works undertaken or
made for the purpose of raising or obtaining the same.
The lessee shall have the right of renewal of such lease at
the expiry of the first term of ten years at the same rental,
and at the expiry of the second term of ten years for
another term of twenty years at such renewal rental as Renewal,
may then be agreed upon or provided by law or regula-
tion.

(6) Every such lease shall contain such other conditions Lieutenant-
stipulations and provisos as the Lieutenant-Governor m Council may
Council may order and prescribe, and shall be forfeited ™0a,|£sear^f"la'
and void if the rental payable thereunder be not paidleases
when due, or upon failure to expend the money required
therein to be laid out in bona fide operations or work for

the purpose of raising or obtaining the aforementioned
substances, or any one or more of them, or upon failure to
comply with any of the said terms and conditions of suchProviso
lease. Provided that a forfeiture for failure to pay rent
when due may be defeated- by paying up all arrears of
rent within ninety days after the same became due and
payable.

(7) The right conferred by any such lease upon the lessee Rights of
shall be to enter upon the lands mentioned or described tssee'
therein, and to dig, bore, sink, drive or otherwise search

for and obtain, raise and remove, petroleum, natural gas,
coal and salt, or any one or more of such substances. All

other

76 Chap. 11.

MINES.

6 Edw. VII

other minerals or mineral substances of value shall he
other minerals reserved to the Crown, and it shall be lawful for the
to be reserved. jl0]jer 0f a Miner's License at all times to go upon the
said lands and prospect and search for valuable minerals
and to stake out mining claims thereon, and obtain patents
therefor, upon compensating the said lessee for injury or
damage to the surface rights of the said lands ; neverthe-
less, from such patents, the petroleum, natural gas, coal
and salt in, on or under the said lands, shall be reserved.

fd irfu seirllir ^ ^° sucn iease shall issue for lands in unsurveyed
ed territory, territory unless and until a plan in triplicate by an
Ontario Land Surveyor, field notes and description, shall
be filed in the Department, showing a survey iti conform
ity with this Act, and to the satisfaction of the Minister.

(9) Tlie holder of a prospecting permit or of a lease for
petroleum, natural gas, coal or salt, shall not be entitled
to Ihe timber upon the lands included in such permit or
lease but if the same are not covered by timber license,
such holder may cut and use such timber or trees as may be
necessary for prospecting and working the said lands, upon
application to the Minister therefor, and upon payment of
such rates as he may fix.

(10) The holder of a prospecting permit may, subject to
the consent of the Minister endorsed thereon, transfer by
assignment in the Form No. 25 in the appendix hereto all
his rights in the said Permit of the lands included therein,
and upon said consent being given the licensee to whom the
same is transferred shall thereupon be entitled to the unex-
pired term of the said permit, with any right of renewal
thereof hereby authorized.

Placer Mining.

claims"1 '" g 182. The provisions of this Act in regard to staking out a
mining claim after discovery thereon of valuable mineral
shall be applicable, likewise, to placer mining claims, ex-
cept that in the case of placer mining claims it shall not be
necessary, preliminary to having the right to stake out, that
there should have been a discovery of valuable mineral
in place, but a discovery of a bed or deposit of gold or
platinum bearing sand, earth, clay or gravel, or of precious
stones, shall entitle the licensee, by or on whose behalf such
discovery has been made, to stake out a placer mining claim
thereon.

Dredging

Timber to bs
reserved.

Transfer of
prospecting
permit.

1906.

MINES.

Chap. 11 77

Dredging Leases.

183. — (1) The Lieutenant-Governor, by Order-in-Council, qJ^^^"^
may make regulations respecting the issue of leases author- council may
izing the holders thereof to dredge in any river, stream or uomVsfo la
lake in, on or flowing through Crown lands, or the bed or fer^|ing
beds of which belongs to the Crown, for the purpose of re-
covering valuable minerals therefrom, and from time to
time, may alter or revoke any order or orders or regulations
in respect thereof, and make others in their stead, and all
orders or regulations made by virtue of the provisions of
this section shall have force and effect only after the
same shall have been published in The Ontario Gazette.

(2) Such leases shall provide for the payment of an Provisions to be
annual rental in advance of not less than twenty dollars dred^ng1"
per mile in length of any such river, stream or lake, andleases-
shall not be for a greater term than ten years, renewable
at the expiry thereof, and shall contain provisions for
protecting all other public interests in such river, stream
or lake, including the driving of logs and timber, and navi-
gation.

Fees.

184. The fees to be paid under this Act shall be accord- Fees,
ing to the tariff therefor set forth in the schedule hereto.
A fee not exceeding twenty-five cents for each affidavit}
taken before a Mining Recorder, shall be payable to the
said Recorder for his own use.

MINING PARTNERSHIPS.

185. — (1) In addition to all other provisions of law in... .

r\ ■ t i • • i Mining

Ontario regarding partnerships or unincorporated com- partnerships.,
panies for mining purposes such partnerships shall be sub-
ject to the provisions of this Act referable thereto.

(2) Such partnerships may be composed of two or morp
persons of the age of 18 years or over.

(3) After the passing of this Act no such partnerships ^
shall be entitled to receive or hold a miner's license in On- must comply
tario, or be entitled to stake out a mining claim, or a special Wlth Act'
mining claim, or apply for a working permit, or be recorded

as the holder or transferee either of a mining claim, a spe-
cial mining claim or a working permit in any Mining Divi-
sion in Ontario, or to perform mining operations of any
kind in Ontario, until the provisions of this Act referable
thereto shall have been complied with.

(4)

78 Chap. 11.

MINES.

6 Edw. YII

partieufareof _ (4) Every member of a mining partnership shall severally
Ee^igned'by0 a^n (either personally or by attorney duly authorized in
partners. writing in the form in the schedule to this Act, which auth-
orization shall be annexed to the certificate of partnership
hereafter mentioned) a certificate (which may be in the
Form No. 26 in the schedule to this Act) wherein shall be
stated :

(a) The names in full, addresses and occupations of all
the partners.

(6) The name under which the partnership is to be con-
ducted.

(d) The number of shares of said partnership owned

by each partner.

(e) The period at which the partnership is to commence
and at which it is to terminate.

(/) The name in full, address and occupation of some
individual resident in Ontario, or an incorpor-
ated company having its head office in Ontario
authorized to act as Agent, and who consents
in writing in such certificate to act as agent of
the partnership, and who shall have power to
bind the partnership in any contract made or
entered into on behalf of the partnership and
signed by such agent.

be recorded t0 ^) Such mining partnership, before being entitled to the
with Mining issue of a miner's license, shall be recorded as herein pro-

Record.Gr . . .

vided in the office of the Mining Recorder, to whom appli-
cation is made by or on behalf of such mining partnership
for a miner's license.

How^partner- (6) A mining partnership shall be recorded by presenting
recorded. to and filing with a Mining Recorder a certificate which
complies with the provisions of subsection 4 of this section,
or by presenting to and filing with a Mining Recorder a copy
certified by a Mining Recorder to be a true copy of a cer-
tificate as aforesaid duly recorded in his office, and by pay-
ing the fee therefor prescribed in the schedule to this Act.

notentitieci to (7) No mining partnership shall be entitled to stake out
cUtos°untud a ruining claim, or apply for a working permit, or be re-
recorded, corded as the holder or transferee of a mining claim or of
a working permit or of mining property of any nature or
of any interest of any kind therein in a Mining Division,

1900.

MINES.

Chap. 11

or to perforin mining operations of any kind in Ontario,
unless and until such partnership has been recorded as
herein provided in the Mining Division in which such min-
ing claim, working permit or mining property is situated.

(8) Every contract made or entered into in writing on . ^^pj^
behalf of a mining partnership by the recorded agent for to bind part
the time being of such partnership as herein provided andner>,lip
signed by such agent, shall be binding upon said partner-
ship.

(9) A majority in interest for the time being of the re- Revocation of

i i i p • • . i • i i.r appointment of

corded members of a mining partnership may revoke the agent of

appointment of such agent of t*he partnership by signing no^effect©£~
a certificate of revocation thereof in the form No. '27 in
the schedule to this Act, and by recording such certificate
in the office of a Mining Recorder, and not otherwise, but
such revocation shall not be effectual until so recorded, and
shall only be effectual as to the Mining Division or divi-
sions wherein so recorded. In the event of the death of On death of
the recorded agent of a mining partnership a majority in new agent may
interest for the time being of the recorded members of such be aPP°mted-
partnership may by a certificate in the form No. 28 in
the schedule to this Act appoint another qualified person
or corporation to be the agent of such partnership, but such
appointment shall not be effectual until recorded with such
Mining Eecorder or Recorders as the appointment of such
deceased agent had been recorded with.

(10) No certificate of revocation of the agent of a mining Certificate of
partnership shall be effectual unless it substitutes another

appoint new

qualified agent who consents in writing in such certificate agent-
to act as agent, and possesses the same authority to bind
the partnership as was theretofore possessed by the agent
whose authority is thereby revoked.

Cll) Any specified share or shares in a mining partner- Transfer of
?hip may be transferred to any person or mining partner- partnership
ship or incorporated company authorized to deal in the •
shares of a mining partnership, by the owner thereof, or
the executor or administrator of a deceased owner thereof,
or by the assignee for the benefit of creditors of the owner
thereof, or by a sheriff or bailiff in due course of law, by
signing and recording with the Mining Recorder of each
Mining Division wherein such mining partnership is re-
corded a transfer thereof in the form No. 29 in the
schedule to this Act, and not otherwise.

(12) A mining partnership may be dissolved in the same Dissolution of
manner as any other partnership may be legally dissolved, PartnershlP-
except that it shall not be dissolved by the death of any
partner, but the share or shares of such deceased partner,
if not otherwise disposed of by the will of such deceased
partner, shall devolve upon the executor or administrator
of such partner. Such dissolution may be according to
form (No. 30) in the appendix hereto.

(13)

80 Chap. 11.

MINES.

6 Edw. VII

After dissolu-
tion recorded
agent to be
trustee for
individual
partners.

(13) The dissolution of a mining partnership shall not
constitute a revocation of the authority of the recorded
agent for the time being of such partnership, but after such
dissolution such agent, instead of being a trustee for the
partnership as a whole, shall thereupon become and be the
trustee of the individual partners or their legal represen-
tatives, as the case may be, but may, nevertheless, bind
the interest of the individual partners and their legal repre-
sentatives in selling, mortgaging or otherwise dealing with
and transferring the property of the partnership in the
partnership name until the affairs of the partnership are
finally wound up.

tobersdubiefteto ^he recor(led agent, for the time being, of a min-

MiningCom- ing partnership shall at all times be subject to and shall
any court or obey the orders of the Mining Commissioner, or of any
judge. Court or Judge in Ontario, as the case may be, under the

provisions of this Act.

Recorded agent
not relieved
from liability
for breach of
trust.

(15) Nothing contained in subsections 1 to 13 inclusive of
this section, shall relieve a recorded agent, for the time
being, from liability at law for any breach of trust com-
mitted by such agent in wilfully disobeying the instruc-
tions given to such agent by the majority in interest, for
the time being, of the recorded members of such mining
partnership, but notice or knowledge of such breach of trust
shall not affect the interest or title of any person or corpora-
tion contracting with such agent while such agent remains
the recorded agent of such partnership.

(16) Unless otherwise provided in writing by the partner-
ship and incorporated in the certificate in subsection 4 of

Certain sec-
tions of the
Ontario Com-
panies' Act to thig section mentioned, the like provisions as are contained
in sections 27 to 40, 42 to 44, 46 to 64, 77, 78, 81 to 85, 87
to 94, and 97 of The Ontario Companies Act, and amend-
ments thereto as far as same are not incapable of
being applied thereto, shall be deemed to be part of the
partnership agreement of every mining partnership recorded
under the provisions of this Act, and to be binding upon the
recorded partners, for the time being, therein and upon the
legal representatives of such partners.

Rev. Stat.
C. 191.

Incorporated Companies.

As to incor-
porated com-
panies.

186. — (1) After the passing of this Act no incorporated
company shall be entitled to receive or hold a miner's
license in Ontario, or be entitled to stake out a mining claim,
or a special mining claim, or apply for a working permit,
or be recorded as the holder or transferee either of a min-
ing claim, a special mining claim, or a working permit in
any mining division in Ontario, or to perform mining
operations of any kind in Ontario until the provisions of
this Act referable thereto shall have been complied with.

(2)

1906.

MINES.

Chap. 11 81

(2) Such incorporated company, before being entitled to

recorded in

the issue of a miner's license, shall be recorded as herein ^cc0er°ferMj^
provided in the office of the Mining Recorder, to whom
application is made by or on behalf of such company for a
miner's license.

(3) An incorporated company shall be recorded by PM-g^ffi?
senting to and filing with a Mining Recorder a true copy Patent, ArUciM.
of the Letters Patent, Articles of Association or Special etc, verified^
Act incorporating such company, verified on oath by the 01lth-
Secretary of the company, and in case of a company not
incorporated in Ontario, also of the license authorizing such
company to transact business or hold lands in Ontario, or

by presenting to and filing with a Mining Recorder a copy
certified by a Mining Recorder to be a true copy of the true
copy as aforesaid, duly recorded in his office, and by paying
the fee therefor prescribed in the schedule to this Act. Fee.
The affidavit in this section referred to may be according
to form No. 31 in the appendix hereto.

C4) No incorporated company shall be entitled to stake ^3*'^° be
out a mining claim or apply for a working permit, or be mining divl-
recorded as the holder or transferee of a mining claim, or property re
of a working permit, or of mining property of any nature, situate-
or of any interest of any kind therein in a Mining Division,
or to perform mining operations of any kind in Ontario,
unless and until such company has been recorded as herein
provided in the mining division in which such mining
claim, working permit or mining property is situated.

Exploratory Drilling.

187.^ — (1) The Minister may out of moneys voted for that Purchase of
purpose, purchase such diamond drills as he may deem exploratory
necessary for use in exploratory drilling of ores or min- PurP°ses.
erals in the Province under rules and regulations made
by the Liutenant-Governor in Council, which shall amongst
other things provide —

(a) For the control and working of the drills under
the direction of a person or persons employed
for the purpose by the Bureau of Mines.
(6) As to the payment of freight charges where the
drills are used upon mines or lands other than
those owned by the Crown.

method of dealing therewith.

(d) As to charges for use of the drills and for dam-

ages thereto, or wear and tear connected there-
with, and otherwise as to the Lieutenant-Gov-
ernor in Council shall seem meet. R.S.O. 1897,
c. 36, s. 13.

(2) The rules and regulations for the control and working
of diamond drills heretofore adopted by Order-in-Council
6 S. shall

82 ChaE. 11.

MINES.

6 Edw. VII

shall remain in force until amended or repealed by the
Lieutenant-Governor in Council.

Lien for "Wages.

tohaveUenfor 188. Every miner, mechanic, labourer or other person
wages. who performs labour for wages in connection with any mine

or mining property or works connected therewith shall have
upon the said mine and other property of the owner therein
and thereon a lien for such wages, not exceeding the wages
for thirty days, or a balance equal to his wages for thirty
days, and the said lien may be enforced in the manner pro-
vided for enforcing liens for wages by The Mechanics' and
Wage Earners' Lien Act. R.S.O. 1897, c. 209, s. 82 (14).

to°depn?vemine 1^9. ^° agreement shall be held to deprive anyone other-
workers of wise entitled to a lien under this Act of the benefit of a lien,
benefit of uen. but the lien attacll notwithstanding such an agree-

ment. R.S.O. 1897, c. 153, s. 6.

Riot Act.

Lieutenant- 190. The Lieutenant-Governor in Council may as often
council may as occasion requires declare by proclamation that he deems
Acu'n Min/ng it necessary that The Act respecting Riots near Public
Division. Works phall, so far as the provisions therein are appli-
cable, be enforced in any defined locality within a Min-
ing Division which he may deem necessary, and upon and
after the date named in any such proclamation section 1 and
Rev.stat.c. 38. sections 3 to 11 inclusive of the said Act, so far as the pro-
visions thereof can be applied therein, shall take effect with-
in the locality or Mining Division designated in the pro-
clamation, and the provisions of the said Act shall apply to
all persons employed in any mines or in mining within the
limits of such locality or Mining Division as fully and
effectually to all intents and purposes as if the persons so
employed has been specially mentioned and referred to in
the said Act. R.S.O. 1897, c. 36, s. 58 (1).

REGULATIONS FOR WORKING MINES.

Application of 191. Sections 191 to 221 inclusive shall apply to all mines,
m'taai quarries and pits, and to oil, gas and salt wells, and other
openings from which ores or minerals of any kind or class
are raised or taken, and to all furnaces or works for smelt-
ing or otherwise treating ores, rocks, clays, sands, oils,
brines or other minerals for any economic object; and all
owners or agents of such mines, quarries, pits, wells, furn-
aces and works shall observe and keep the provisions of
the said sections, and in case of non-observance thereof shall
incur the penalties provided therefor by section 213. R.S.
0. 1897, c. 36, s. 59.

Employees.

Employment 192. No boy under the age of fifteen years shall be em-
chndren6'1 and ployed in or allowed to be for the purposes of employment

1906.

MINES.

Chap. 11 83

in any mine to which this Act applies below ground; and
except in the case of mica trimming works no girl or
woman shall be employed at a mining work or allowed
to be for the purpose of employment at mining work in
or about any mine. R.S.O. 1897, c. 36, s. 60.

193. — (1) No boy or young male person of the age of fif- employment
teen and under the age of seventeen years shall be em- for boys,
ployed or allowed to be for the purpose of employment in

any mine to which this Act applies below ground on Sun-
day or for more than forty-eight hours in any one week,
or more than eight hours in any one day.

(2) The period of such employment, and the time during
which any such boy or person may be below ground for
the purpose of employment shall respectively be deemed to
begin at the time of leaving the surface and to end at the
time of returning to the surface.

(3) A week shall mean the period between midnight on
Sunday night and midnight on the succeeding Saturday
night. R.S.O. 1897, c. 36, s. 61.

194. The owner or agent of every mine to which this ^Ift onads"6
Act applies shall keep in the office at the mine, or in the employed,
principal office of the mine belonging to the same owner

in the district in which the mine is situated, a register,
and shall cause to be entered in such register the name,
age, residence and date of the first employment of all boys
or young male nersons of the age of fifteen and under the
age of seventeen years who are employed in the mine be-
low ground, and shall produce sucb register to any Inspec-
tor at the mine at all reasonable times when require! by
him, and allow him to inspect and copy the same. The
immediate employer of every boy or male young person of
the age aforesaid other than the owner or agent of the
mine, before he causes such boy or male young person to
be in any mine to which this Act applies below ground,
shall report to the owner or agent of such mine or some
person appointed by such owner or agent, that he is about
to employ such boy or young male person in the said mine.
R.S.O. 1897. c. 36, s. 62.

195. Where there is a shaft, incline, plane or level in Age ami sex of
any mine to which this Act applies, whether for the pur- conation
pose of an entrance to such mine or of a communication Wlth e"^"68-
from one part to another part of such mine, and persons

are taken up, down or along such shaft, plane or level by
means of any engine, windlass or gin, driven or worked by
*team or by any mechanical power, or by an animal,
or by manual labor, no person shall be allowed to have
charge of such engine, windlass or gin, or of. any part of
the machinery, ropes, chains or tackle connected there-
with, unless he is a male of at least twenty years of age.
Where the engine, windlass or gin is worked »y an animal,

the

Chap. 11.

MINES.

6 Edw. VII

the person under whose direction the driver of the animal
acts shall for the purposes of this section be deemed to be
the person in charge of the engine,, windlass or gin, and
no person shall be employed as such driver who is under

sixteen years of age. R.S.O. 1897, c. 36, s. 63.

Tmptoyment 0f 196- If W person contravenes any provision of the four
persons con- next preceding sections of this Act he shall be guilty of
an offence against this Act, and in case of any such con-
travention by any person whomsoever in the case of any
mine, the owner and the agent of such mine shall each be
guiltv of an offence against this Act, unless such owner or
agent proves that he had taken all reasonable means to
prevent such contravention by publishing, and to the best
of his power enforcing the provisions of this Act. R.S.O.
1897, c. 36, s. 64 .

mide^ageTm- 197 • ^ ^ appears that a boy or young person or any per-
pioyed on false SOn emploved about an ensrine, windlass or gin was em-

representation. , i .i , ,• n i • , £ i •

ployed on the representation of Ins parent of guardian
that he was of an age at which his employment would not
be in contravention of this Act, and under the belief in
good faith that he was of that age, the owner or agent of
the mine and the immediate employer shall be exempted
from any penalty, notwithstanding such boy or other per-
son was not of an age at which his employment as afore-
said_ is authorized by this Act, provided such owner, agent
or employer shall immediately upon discovery of the fact
discharge su,ch boy from such employment, but the parent
or guardian shall for the misrepresentation aforesaid be
deemed guiltv of an offence against this Act. R.S.O.
1897, c. 36, s. 55.

to^amage'10* 198. In mining operations no licensee shall cause dam-
other claims. age oj. injury to the holder of any mining property by
throwing earth, clay, stones or mining material on such
other mining property, or by causing or by allowing water
which may be pumped or bailed or may flow from a min-
ing claim or other mining property of such licensee, to
flow into or upon such other mining property, under a
penalty of not more than $10 and costs for every offence,
and for every day such damage or injury continues, and
in default of payment of the fine and costs the licensee
offending may be imprisoned for any period not exceeding
one month. The provisions herein contained shall be in
addition to any civil claim for damages which may be
incurred by the owner of any mining property sustaining
damage or injury of the nature aforesaid. R.S.O. 1897,
c. 36, s. 57.

Liquor Licenses.

fjirwddenense8 ^99. Excepting in towns and incorporated villages, no
within six license shall hereafter be issued to any public house, beer
uin'mines! shop or other place not now under license for the sale of any

spirits

1906.

MINES.

Chap. 11 85

spirits, wine, beer or other spirituous or fermented liquor
within six miles of any mine or mining camp where six or
more workmen are employed. 63 V. c. 13, s. 21.

Payment of Wages.

200. — (1) No wages shall be paid to any person employed j£?ment0oi °r
in or about any mine to which this part applies at or within ^lfseessatr>"blic
any public house, beer shop or place for the sale of any

spirits, wine, beer or other spirituous or fermented liquor,
or other house of entertainment, or within any office, gar-
den, or place belonging or contiguous thereto or occupied
therewith. It.S.O. 1897, c. 36, s. 66 (1).

(2) Every person who contravenes or permits any person penaity.
to contravene this section shall be guilty of an offence
against this Act, and in the event of any such contraven-
tion by any person whomsoever the owner or agent of the
mine in respect of which the wages were paid shall each
be guilty of an offence against this Act, unless such owner
or agent proves that he had taken all reasonable means to
prevent such contravention by publishing and to the best
of his power enforcing the provisions of this section.
R.S.O. 1897, c. 36, s. 66 (2).

Statistical Returns.

201. — (1) The owner or agent of every mine, quarry or f^"ss"cal re"
other works to which this Act applies shall on or before owners and
the 15th day of January in every year send to the Bureau ^^of

cf Mines a correct return for the year ending on the pre-
ceding 31st day of December of the number of persons or-
dinarily employed in or about such mine below ground
and above ground respectively, and distinguishing the dif-
ferent classes and ages of the persons so employed whose
hours of labour are regulated by this Act, the average rate
of wages of each class and the total amount of wages paid
during the year, the quantity in standard weight of the
mineral dressed, and of the undressed mineral which has
been sold, treated or used during such year, and the value
or estimated value thereof; and the owner or agent of every
metalliferous mine shall, if required, make similar returns
at the end of each month or quarter of the calendar year
for such month or quarter in order that the same may be
tabulated for publication under the instructions of the Min-
ister.

(2) For the purpose of collecting the data of such statis- fu3J1ne^dSbybe
tics the Deputy Minister shall prepare the required sched- Deputy

ules in such forms as he may, from time to time, deem Mmister"
desirable, and send the same by mail to be filled up and
returned by the owner or agent of every such mine, quarry
or works in the Province.

(3) Every owner or agent of a mine, quarry or other Penalty,
works who fails to comply with this section, or makes any

return

Chap. 11.

MINES.

6 Edw. VII

return which is to his knowledge false in any particular,

shall be guilty of an offence against this Act. R.S.O.
1897, c. 36, s. 67 (1).

producedon 202. — (1) On the occasion of any examination or
mfneCti°n °f inspection of a mine the owner shall, if required so
to do, produce to the Inspector, or any other person
authorized by the Minister, an accurate plan of the
workings thereof; every such plan as aforesaid shall show
the workings of the mine up to within six months of the
time of the inspection, and the owner shall, if required by
such Inspector or other authorized person, cause to be
marked on such plan the progress of the workings of the
mine up to the time of such inspection, and shall also per-
mit the Inspector to take a copy or tracing thereof,
plan of work- (o\ ^n accurate plan of every working mine in which

ing mines to . V ' 1 . . J °

be filed. levels, crosscuts or other openings have been driven from
any shaft, adit or tunnel, and of every mine consisting of
either a tunnel or shaft having a longitudinal extension of
fifty feet or more, shall be made and a certified copy filed
at the office of the Bureau of Mines on the thirty-first day
of March of each year showing the workings of the mine
up to the thirty-first day of December preceding, and
whenever work in a mine has been discontinued or aban-
doned for a period of one month such plan shall be filed at
the office of the Bureau of Mines within two months from
the date of cessation of work, and failure to comply with
any of these provisions on the part of the owner or agent
of the mine shall be regarded as an offence ag-ainst this
Act; but every such plan shall be maintained as confiden-
tial information for the use of the officers of the Bureau of
Mines concerning the state and extent of every such mine,
and shall not be exhibited nor shall any account thereof be
imparted to any person or persons except with the written
permission of the owner or agent of the mine. R.S.O.
1897, c. 36. s. 31; 63 V., c. 13, s. 20.

Prevention of Accidents.

Abandoned or ^3. For the prevention of accidents where any mine has
unworked been abandoned or the working thereof has been discon-

mmes.

tinued, the owner or lessee, or other person interested in
the minerals of the mine shall cause the top of the shaft
and all entrances from the surface, as well as all other pits
and openings dangerous by reason of their depth, to be and
to be kept securely fenced ; and if any person fails to act
in conformity with this section he shall be guilty of an
offence against this Act, and any shaft, entrance, pit or
other opening which is not fenced as aforesaid shall be
deemed to be a nuisance. R.S.O. 1897, c. 36, s. 68.

inquest in case 204. It shall be the duty of the coroner who resides near-
m/neflity *" * est to m™e wherein or in connection wherewith any

fatal i ty

1906.

MINES.

Chap. 11 87

fatality has occurred, to forthwith conduct an inquest, but
if such coroner is in any way in the employ of the mine
owner or lessee of the mine in question he shall be ineligible
to act as coroner in reference thereto, and any other coroner
shall, upon application by any person interested, at once
issue his warrant and conduct such inquest, and this section
shall be his authority for so doing, whether his commission
extends to such territory or not.

205. The following general rules shall so far as may be General rules,
reasonably practicable be observed in every mine to which
this Act applies :

1. An adequate amount of ventilation shall be constantly ventilation,
prodiiced in every mine to such an extent that the shafts,

adits, tunnels, winzes, rises, sumps, levels, stopes. cross-
cuts, underground stables and working places of such mine
and the travelling roads to and from such working places
shall be in a fit state for working and passing therein.
R.S.O. 1897, c. 36, s. 69 (1).

2. In every working mine which is entered by a shaft p^f^16
and operated to a greater depth than 100 feet, and in every
mine which is entered by an adit or tunnel and operated

to a greater distance than 300 feet from the entrance to the
adit or tunnel, it shall be lawful for the Inspector to
require a sufficient number of portable water-tight privies
to be provided for the underground employees of the mine,
and such privies shall be taken to the surface and thorough-
ly cleansed every twenty-four hours.

CARE OF EXPLOSIVES.

3. No magazine for powder, dynamite or other explosive Magazine for
shall be erected or maintained at a nearer distance than exPl0Slves-
four hundred feet from the mines and works, or any pub-
lic highway, except with the written permission of the In-
spector, and every such magazine shall be constructed of
materials and in a manner to insure safety against explo-
sion from any cause, and shall be either so situated as to
interpose a hill or rise of ground higher than the magazine
between it and the mine and works, or else an artificial

mound of earth as high as the magazine and situated not
more than 30 feet from it shall be so interposed.

4. No powder, dynamite or other explosive shall b« where expio-
stored underground in a working mine in excess of supply

in a mine.

for 24 hours. It shall be kept in securely covered and
locked boxes, and, where thawed underground, it shall be
kept in unused parts of the mine, never less than ten feet
from lines of underground traffic nor less than one hundred
and fifty feet from places where drilling and blasting are
carried on, and shall at all times be in charge of a specified

man

:88 Chap. 11.

MINES.

6 Edw. VII

man fully qualified by his experience to take charge there-
of.

biasting°capsSe' ^° ^U8e» blasting caps, electric detonators, or any
etc. ' articles containing iron or steel shall be stored in the same

magazine with powder, dynamite or other explosive, nor
at a less distance than fifty feet from such magazine, but
they shall be stored in a covered box in a place of safety.

Lighted lamps 6. Whenever a workman opens a box containing an ex-

•or candles to ,. i i • inii i

bekeptata plosive, or when he m any manner handles the same, ho
exp?osivesrom shall not permit any lighted lamp or candle to come closer
than five feet to such explosive, nor permit said lamp or
candle to be in such a position that the air current may
convey sparks to the explosive, and a workman shall not
approach nearer than five feet to an open box containing
an explosive with a lighted lamp, candle, pipe or any other
thing containing fire.

inspection of 7, A. thorough daily inspection shall be made of the

stores of cxplO" • • • •

sivesin a mine, condition of explosives in a mine, and it shall be the
duty of the manager, captain or other officer in charge
of the mine to institute an immediate investigation when
an act of careless placing or handling of explosives is dis-
covered by or reported to him ; and any employee who
commits a careless act with an explosive or where explo-
sives are stored, or who, having discovered it, omits or
neglects to report immediately such act to an officer in
charge of the mine, shall be guilty of an offence against
this Act.

Thawing house y. A proper house in which to thaw explosives shall be
tor explosives, built separate from the other mine buildings, and shall be
equipped with suitable apparatus approved by the Inspector
for thawing explosives, and shall be under the direction
of the mine foreman or some other careful and experienced
workman. Whenever deemed necessary by the Inspector
a proper apparatus for use in the mine for thawing explo-
sives shall also be provided, and shall be used under the
direction of the mine foreman or of some other careful and
experienced workman. The quantity of explosives
brought into the thawing house shall not at any time ex-
ceed the requirements of the mine for a period of twenty-
four hours, except where such requirements would be less
than one hundred pounds.

to'be'used hf^ ^' cnar?in? holes for blasting, no iron or steel tool
charging noies. or rod shall be used, and no iron or steel shall be used in
any hole containing explosives.

Missed holes to 10. A charge which has missed fire shall not be with-
be reported. drawn> but shall be blasted; and, in case the missed hole
has not been blasted at the end of a shift, that fact shall be
reported by the foreman or shift-boss to the mine captain

1906.

MINES.

Chap. 11

or shift-boss in charge of the next relay of miners before

work is commenced by them.

11. All drill holes, whether sunk by hand or machine size of arm
drills, shall be of sufficient size to admit of the free inser- holes
tion to the bottom of the hole of a stick or cartridge of
powder, dynamite or other explosive, without lamming,
pounding or pressure.

12. No powder, dynamite or other explosive shall be f^fhfaps
used to blast or break up ore in roast heaps where by reason

of the heated condition of such ore or otherwise there is
any danger or risk of premature explosion of the charge.

PROTECTION IN WORKING PLACES.

13. Every underground plane on which persons travel ^ffnac°ing 0"
which is self-acting, or worked by an engine, windlass or engine planes
gin, shall be provided at intervals of not more than twenty

yards with sufficient man-holes for places of refuge, and
every such plane which exceeds thirty yards in length
shall also be provided with some proper means of signal-
ling between the stopping places and the end of the plane.

14. Every road on which persons travel underground [^^a's
where the produce of the mine in transit ordinarily exceeds

ten tons in any one hour over any part thereof shall be
provided at intervals of not more than one hundred yards
with sufficient spaces for places of refuge, each of which
spaces shall be of sufficient length, and of at least three
feet in width between the waggons running on the tram-
road and the side of the road, and the Minister of Lands
and Mines may, if he sees fit, require the Inspector to
certify whether the produce of the mine in transit on the
road aforesaid does or does not ordinarily exceed the weight
as aforesaid, and such certificate shall be conclusive as to
the matters therein stated.

15. Every man-hole and space for a place of refuge shall ^|®p^leaT
be constantly kept clear, and no person shall place any-
thing in a man-hole or in such space in such a position as

to prevent convenient access thereto.

16. Where drifts extend from a shaft in opposite direc- protection of
tions on the same level, a safe passage way and standing driftsmen
room for workmen shall be made on one or both sides of

the shaft to afford protection against falling material. ,

17. Where a shaft is being sunk below levels in which and shafts
work is going on, a suitable pentice shall be provided for
protection of workmen in the shaft.

18. The top of every shaft shall, unless otherwise directed Fencing of
by the Inspector, be securely fenced, and every pit or open- othefooeni ngs
ing dangerous by reason of its depth shall be securely fenced

or otherwise protected.

Chap. 11.

MINES.

6 Edw. VII

Guard rails. 19 Guard rails shall be placed round the shaft openings

on every level of the mine.

Timbering. 20. Where the enclosing rocks are not safe every work-
ing or pumping shaft, adit, tunnel, stope or other work-
ing shall be securely cased, lined or timbered, or other-
wise made secure.

water fr°m 21. Everv working mine shall be provided with proper
and efficient machinery and appliances for keeping such
mine free from water, the accumulation or flowing of
which might injuriously affect any other mine.

ASCENDING AND DESCENDING SHAFTS.

Division «{ 22. Where any portion of a shaft is used for the ascent
and descent of persons by ladders or by a man engine, and
another portion of the same shaft is used for raising the
material being mined, the first mentioned portion shall be
cased or otherwise securely fenced off from the last men-
tioned portion.

conditions 23. Workmen may not be lowered or hoisted in shafts,

under which . ,-, i i • » • t

machinery winzes or other underground openings of a mine under any
used ?o° lower of the following conditions: —

or hoist men in . . T . , , , . . ,

amine. (a) In buckets, skips or tubs;

(6) In cages which are not provided with a hood, dogs
and other approved safety appliances.

winding in mines of upwards of 1,000 feet ver-
tically in depth are not provided.

(d) Where no indications other than marks on the rope

or cable are used to show to the person who
works the machine or hoisting engine, the posi-
tion of the cage in the shaft.

(e) Where the rope or cable passes through blocks

instead of passing over a sheave of diameter
suited to the diameter of the rope or cable and
properly mounted on a secure head-frame.

JSe todbe°£ep°tf shall be the duty of the owner of every mine to post
posted. and maintain at the mouth of the shaft or other conspicu-

ous place a printed copy of this rule, and in any case of
accident occurring as a result of a violation of this rule
the owner shall not be liable for damages except upon
proof that he has permitted or authorized the employment
of means herein prohibited for raising and lowering work-
men in a mine, or that a suitable manway has not been
provided.

shifts otImoo ^4. Whenever a mine shaft exceeds four hundred feet
feet deep. vertically in depth, a safety cage shall be provided, kept

and Used for raising and lowering men in the shaft, unless

otherwise directed by the Inspector.

25.

1906.

MINES.

Chap. 11 91

25. Unless with the written permission of the Inspec- skipways.
tor, skipways shall be provided with back timbers to pre-
vent skips leaving the track where such skipways are in-
clined at more than 45 degrees from the horizon.

26. Hoisting with horse and pulley-block is forbidden j^"°fdwith
where the depth of a shaft is more than seventy-five feet, pulley block.
No open hook shall be used in hoisting.

27. There shall be on the drum of every machine used slipping of

pi • . . i n i j rope on drum.

for lowering or raising persons such flanges or horns, and
also, if the drum is conical, such other appliances as may
be sufficient to prevent the rope from slipping.

28. There shall be attached to every hoisting machine Brake,
a brake adequate to hold at any point in the shaft the
weight when filled with ore of the skip, bucket or other
vessel used for hoisting or lowering, and also in any shaft

of greater depth than 200 feet there shall be a geared in-
dicator (in addition to any mark on the rope) which will
show to the person who works the machine the position of
the cage or load in the shaft.

29. No person shall ride upon or against any loaded ^"f^rs
car in any level, drift or tunnel in or about any mine. etc.

SCALING, ESCAPEMENT SHAFTS, ETC.

30. It shall be the duty of the Manager, Captain or other Daily examina-
competent officer of every mine to examine at least once tl0n
every day all working shafts, levels, stopes, tunnels, drifts,
crosscuts, raises, signal apparatus, pulleys and timber-
ing in order to acertain that they are in a safe and effi-
cient workinsr condition, and to inspect, and scale or cause

to be inspected and scaled, the walls and roofs or all
stopes or other working places at least once every week.

31. The owner, operator or superintendent of every mine stretchers for ■
where six or more men are employed in underground work ^"Jred^er-0*
shall maintain a properly constructed stretcher for the sons-
purpose of conveying to his place of abode any person who

may be injured while in the discharge of his duties at such
niine.

32. Every person, company or corporation who has sunk Escapement
on any mine a vertical or incline shaft to a greater depth shafts-
than 100 feet, where the top of such shaft is covered or
enclosed by a building which is not fire-proof, and who

has drifted a distance of 200 feet or more from the shaft
and has commenced to stope, shall provide and maintain
to the hoisting shaft or the opening through which men
are let into or out of the mine and the ore is extracted,
a separate escapement shaft or opening. If such an

escapement

Chap. 11.

MINES.

6 Edw. VII

Buildings not
to be erected
nearer than
50 feet to the
month of a
mine.

Old timber to
be removed.

Storing oils,
etc.

Signalling.

Code of signals.

escapement shaft or opening is not in existence at the
time that stoping is commenced work upon such escape-
ment shaft or opening must be begun as soon as stop-
ing is commenced, and must be diligently prosecuted
until the same is completed, and the said escapement shaft
or opening shall be continued to and connected with the
lowest workings in the mine. The escapement shaft or
opening herein provided for must be of sufficient size to
afford an easy passage way, and if it is an upraise or shaft
it must be provided with good and substantial ladders
from the deepest workings to the surface. With the ex-
ception of any erection used solely as a shaft-house, no
permanent building, for any purpose, shall hereafter be
erected within fifty feet of the mouth of a mine.

33. All old timber not in use to sustain the roof or walls
or any part of a mine shall as soon as practicable be taken
from the mine and shall not be piled up and permitted to
decay therein.

34. All oils and other inflammable materials shall be
stored or kept in a building erected for that purpose, and
at a safe distance from the powder magazine and from
the main buildings, and their removal from said building
for use shall be in such quantities only as are necessary to
meet the requirements of one day.

35. Every working shaft in which persons are raised
which exceeds 100 feet in depth shall unless exempted in
writing by the Inspector, be provided with guides and
some proper means of communicating by distinct and
definite signals from the bottom of the shaft, and from
every level for the time being in work between the surface
and the bottom of the shaft to the surface, and also of
communicating from the surface to the bottom of the
shaft, and to every level for the time being in work be-
tween the surface and the bottom of the shaft.

36. All methods of signalling in a mine shall be printed
and posted up in the engine house or hoist house and also
at the top of the shaft and at the entrance of each level.
The following code of mine signals shall be used at every

mine :

Code of Mine Signals.

One bell Stop immediately — if in motion.

One bell Hoist.

Two bells Lower.

Three bells Hoist men slowly.

Four bells Blasting signal. Engineer must an-
swer by raising bucket or cage a few
feet and letting it back slowly, then
one bell, hoist men away from blast.

Five

1906.

MINES.

Chap. 11 93

Five bells Steam on.

Six bells Steam off.

Seven bells Air on.

Eight bells Air off.

3 — 2 — 2 bells Send down drills.

3 — 2 — 3 bells... Send down picks.

Nine bells Danger signal, in case of fire or other

danger. Then ring number of station
where danger exists.

37. A proper foot-way or ladder, inclined at the most con- Ladders and
venient angle which the space in which the ladder is fixed Platforms-
allows, shall be provided in every working shaft, and every

such ladder in a working shaft shall have a substantial plat-
form at intervals of not more than twenty feet, and no such
ladder shall be fixed for permanent use in a vertical or over-
hanging position, and all ladders in shafts shall project
at least two feet above the platform, and all hold-fasts shall
be of iron securely fixed in the shaft casing. The said
platform shall be closely covered, with the exception of an
opening large enough to permit the passage of a man's
body, and shall be so arranged that it would not be possible
for a person to fall from one ladder through the opening
to the ladder below.

38. If more than ten persons to each shift are ordinarily Dressing room,
employed in the mine below ground, sufficient accommoda-
tion, including supplies of pure cold and warm water for
washing shall be provided above ground near the principal
entrance of the mine, and not in the engine room or boiler

room, for enabling the persons employed in the mine to
conveniently dry and change their clothes.

39. Every fly-wheel and all exposed and dangerous parts Fencing
of the machinery used in or about the mine shall be kept machmery-
securely fenced.

40. Every steam boiler shall be provided with a steam Gauges and

-i i i l , • n safety valves

gauge and a proper water gauge to snow respectively for boilers,
the pressure of steam and the height of water in the boiler,
and with a proper safety valve.

41. At least once in every six months every boiler shall cleansing and
be thoroughly cleansed, and at least once in every t welve testing bouers-
months every boiler shall be subjected to an examination

and hydraulic test by a competent person. The test of
working boilers shall be equal to one and a half times the
pressure at which the safety valve blows off.

42. No person shall wilfully damage, or without proper wilful damage,
authority remove or render useless, any fencing, casing,

lining, guide, means of signalling, signal, cover, chain,
flange, horn, brake, indicator, ladder, platform, steam-
gauge, water-gauge, safety-valve, or other appliance or
thing provided in any mine in compliance with this Act.

43.

94 Chap. 11.

MINES.

6 Edw. VII

instructions 43. Instructions and rules required to be posted in or
posted. about a mine under the authority of this Act shall be writ-
ten or printed in the language or languages most familiar
to the workmen employed at the mine, and it shall be the
duty of the owner or agent of the mine to maintain such
instructions and rules duly posted, and the removal or de-
struction of them shall be an offence against this Act.

Blasting on 44. In case parties working contiguous or adjacent claims
claims. disagree as to the time of setting off blasts, either party may
appeal to an Inspector, who shall decide upon the time at
which blasting operations thereon may be performed, and
the decision of such Inspector shall be final and binding
upon such parties, and shall be duly observed by them in
future blasting operations. 63 V. c. 13, s. 22.

changesfin ^06. Where mining operations have been commenced
connection upon any claim, location or works in the Province, or where

with the work- ■• , . 1 •. -i . j • j i i

ingofamine such operations have been discontinued, or where such
u^officers30!^ operations have been re-commenced after an abandonment
or discontinuance for a period exceeding two months, or
where any change occurs in the name of a mine or in the
name of the owner or agent thereof, or in the officers of any
incorporated company which is the owner thereof, the owner
or agent of such mine, claim, location or works shall give
notice thereof to the Deputy Minister within two months
after such abandonment, discontinuance, re-commencement
or change, and if such notice is not given the owenr or
agent shall be guilty of an offence against this Act.

Notice of Accidents.

*2$ie£j$Zh 207. Where in or about any mine to wnich this Act

dents in mines . . . J . . . «

tobejsentto appJies, whether above or below ground, loss of life or any
Minister serious personal injury to any person employed in or about
the mine occurs by reason of any accident whatever, the
owner or agent of the mine shall within twenty-four
hours next after the explosion or accident send notice in
writing of the explosion or accident, and of the loss of life,
or personal injury occasioned thereby, to the Deputy Min-
ister, and shall specify in such notice the character of the
explosion or accident, and the number of persons killed and
injured, respectively. R.S.O. 1897, c. 36, s. 71.

Special report. 208. The Minister may, at any time, direct an Inspector
to make a special report with respect to any accident in or
about any mine which has caused loss of life or personal in-
jury to any person, and in such case shall cause such report
to be made public at such time and in such manner as he
thinks expedient; and in conducting an inquiry into the
cause of loss of life or of personal injury to any person in or
about a mine, the Inspector shall have power to take evi-
dence upon oath. R.S.O. 1897, c. 36, s. 72.

Offences

1906. . mines. Chap. 11 95

Offences and Penalties.

209.— (1) Every person, not authorized by this Act so to Sving°post
do, who, contrary to the provisions of this Act, wilfully etc.
defaces, alters, removes or disturbs any post, stake, picket,
boundary line or other mark placed, standing or made, or
any figure or writing by law directed or permitted to be
thereon under the provisions of this Act, or who attempts
so to do, on conviction thereof, shall incur a fine not exceed-
ing .$20 and costs, and, in default of payment, may ba
imprisoned for a period not exceeding one month.

(2) Any person contravening the provisions of this Act, PenaUyjor^
or any rule or regulation made under it, in any case where of Act.

no other penalty or punishment is imposed, shall for every
day on which such contravention occurs, or continues, or
is repeated, incur a fine of not more than $20 and costs,
and, in default of payment, may be imprisoned for a period
not exceeding one month. R.S.O. 1897, c. 36, s. 74.

(3) Every person who pulls down, injures or defaces any punisnmentfor
rules, notice or abstract posted up by the owner or agent notices.6

of a mine shall be guilty of an offence against this Act.
R.S.O. 1897, c. 36, s. 75.

(4) Every person who wilfully obstructs the Mining Penalty for
Commissioner or any officer appointed under the authority the'inspector.
of this Act in the execution of his duty under this Act, and

every owner or a-gent of a mine who refuses or neglects to
furnish to the Mining Commissioner, or any person
appointed by him, or to any officer appointed under this
Act, the means necessary for making an entry, inspection,
examination or inquiry under this Act in relation to any
mine in any way within the control of such owner or agent,
shall be deemed to be guilty of an offence against this Act.
R.S.O. 1897, c. 36, s. 76.

(5) The Mining Commissioner and every officer appointed Mining Com-
under the authority of this Act may convict upon view of ™nvtetonmay
any of the offences punishable under the provisions of this view-

Act or any Regulation made thereunder. R.S.O. 1897,
e. 36, s. 82.

(6) Any person not authorized by this Act so to do who penalty for
marks or stakes out a mining claim in whole or in part, or ^l^^0Tized
attempts to do so, shall be guilty of an offence against this

Act.

210. Where work of anj sort in or about a mine is let Responsibility
to a contractor, he shall observe and carry out all the pro- pre°yentactor t(
visions of this Act for the prevention of accidents, and if accidents-
he contravenes any of such provisions he shall be guilty
of an offence against this Act and shall be liable to the

same

96 Chap. 11.

MINES.

6 Edw. VII

same penalties and may be proceeded against in the same
way and to the same extent and effect as if he were an

owner or agent. R.S.O. 1897, c. 36, s. 77.

o^rSesto^e11 Every person who contravenes or does not comply

an offence. with any of the general rules contained in section 205 shall
be guilty of an offence against this Act, and in the event
of any contravention of or non-compliance with any of the
said general rules in the case of any mine to which this
Act applies by any person whomsoever being proved, the
owner and agent of such mine, and any contractor and
foreman employed in or about such mine, shall each be
guilty of an offence against this Act unless such contrac-
tor or foreman proves that he had taken all reasonable
means to prevent such contravention or non-compliance
by publishing and to the best of his power enforcing the
said rules as regulations for the working of the mine.
R.S.O. 1897, c. 36, s. 78.

Where
employees
deemed
guilty.

212. Every person other than the owner or agent em-
ployed in or about a mine who is guilty of any act or
omission which in the case of the owner or agent would
be an offence against this Act, shall be deemed to be guilty
of an offence against this Ac.t. R.S.O. 1897, c. 36, s. 79.

Penalties.

213. Every owner or agent guilty of an offence against
this Act shall be liable to a penalty not exceeding, except
as in this section hereinafter provided, fifty dollars, and
any other person guilty of an offence against this Act
aforesaid shall be liable to a penalty not exceeding, ex-
cept as in this section hereinafter provided, ten dollars ;
provided that if the Deputy- Minister, a Mining Recorder
or an Inspector has given written notice of anv such offence
having been committed, every such owner, agent or other
person shall be liable to a further penaltv not exceeding
five dollars for everv dav that such offence continues after
such notice. R.S.O. 1897, c. 36, s. 80.

Prosecution of
owner or
agent.

214. No prosecution shall be instituted against the owner
or agent of a mine to which this Act applies for any
offence under this Act except by an Inspector, or by the
County or District Crown Attorney, or with the consent
in writing of the Attorney-General ; and in case the owner
or agent of a mine is charged with an offence under this
Act he shall not be found guilty thereof if he proves that
he had taken all reasonable means to prevent the commis-
sion thereof, and an Inspector shall not institute any pro-
secution against an owner or agent if satisfied that he had
taken such reasonable means as aforesaid. R.S.O. 1897,
c. 36, s. 81.

215

1906.

MINES.

Chap. 11 97

215. All prosecutions for the punishment, of any offence *IhLJ1c'her in
under this Act except under section 77 may take place prosecution
before any two or more of His Majesty's Justices of the£iRcetake
Peace having jurisdiction in the County or district in
which the offence is committed, or before a Police or Sti-
pendiary Magistrate, or before the Mining Commissioner, Rev. stat., c.9»
under the provisions of The Ontario Summary Convictions

Act. R.S.O. 1897, c. 36, s. 83.

216. Any complaint or information made or laid in pur- Limitation of
suance of this Act shall be made or laid within three 1™ form0"/
months from the time when the matter of such complaint information,
or information respectivelv arose, and

1. The description of any offence under this Act ija the

words of this Act shall be sufficient in law.

2. Any exception, exemption, proviso, excuse or quali-

fication, whether it does or does not accompany
the description of the offences in this Act, may
be proved by the defendant, but need not be
specified or negatived in the information, and
if so specified or negatived no proof in relation
to the matter so specified or negatived shall be
required on the part of the prosecutor or inform-
ant. R.S.O. 1897, c. 36, s. 84.

217. Nothing in this Act shall prevent any person f rom prosecution
being indicted or liable under any other Act or otherwise £?tger other
to any other or higher penalty or punishment than is pro-
vided for any offence by this Act, provided that he shall

not be punished twice for the same offence. R.S.O. 1897,
c. 36, s. 85.

218. If the Court before whom a person is charged with. Where prosecu.
an offence under this Act thinks that proceedings ought tion should be

iii • i i_ <• i_ re j under another

to be taken against such person for such onence under any Act.
other Act or otherwise, the Court may adjourn the case to
enable such oroeeedings to be taken. R.S.O. 1897, c. 36,
s. 86.

As to Stealing Ore and Proving Title Thereto.

219. The burden of proving that ore or mineral in the gur(jen 0f pr00f
possession of any person charged with having stolen the as to ore alleged

/> •> r l-iiiPi i i , i to have been

same, or of any person on ins behalf, has not been stolen stolen,
shall be and rest upon the person in whose possession they
may be found, or on whose behalf they are held, as the case
may be.

220. All fines and penalties imposed or payable under Finea recover.
this Act may be recovered by distress and sale of any aWe by distress
mining or other personal property of the offender, and in

default of sufficient distress by imprisonment, with or with- sV, sf'iss.
out hard labour, not exceeding three months.

221

7s.

98 Char,. 11.

MINES.

6 Edw. VII

f^,psDlaities 221. Fees, penalties and tines received under this Act,
and fines. an(j ^e costs of all such convictions as take place before
the Mining Commissioner, a Mining Recorder, an Inspector
or Magistrate appointed under this Act, shall form part
of the Consolidated Revenue Fund of this Province, and
be accounted for and dealt with accordingly; and the ex-
penses of carrying this Act into effect in any mining divi-
sion shall be paid by the Lieutenant-Governor out of the
said Consolidated Revenue Fund. R.S.O. 1897, c. 36,
s. 87.

Repealing Clause.

Acts and regu-
lations re-
pealed.

Proviso

222. The Acts and parts of Acts mentioned in this sec-
tion, together with all regulations made thereunder, shall
stand repealed and be repealed, except as hereinbefore pro-
vided ; but such repeal shall not be deemed to imply that
any of the said Acts or parts of Acts which have been
repealed at any time prior to the passing of this Act have
been in force since such repeal ;

Provided that such repeal shall not affect any rights
acquired or any liabilities or penalties incurred, or any act
or thing done, under any of the said Acts or parts of Acts
or regulations made thereunder: — The Mines Act (R.S.O.
1897, Chapter 36), 60 Vict., Chapter 8; 61 Vict., Chapter
11; 62 Vict. (2), Chapter 10; 63 Vict., Chapter 13; 5 Ed-
ward VII., Chapter 9.

SCHEDULE.

The Mines Act, 1906.
Appendix of Forms.

1. Certificate of Record of staking out of Mining Claim. (See

sec. 58.)

2. Miner's License; (See sec. 88.)

3. Renewal of Miner's License. (See sec. 92.)

4. Transfer of an unpatented Mining Claim. (See sec. 118.)

5. Application to Mining Recorder to Stake Out an Area for Work-

ing Permit. (See sec. 141, par. 11.;
f>. Affidavit to accompany application for "Working Permit. (See
sec. 141, par. 11.)

7. Certificate of Mining Recorder of application for Working Per-

mit. (See sec. 141, par. 12.)

8. Working Permit. (See sec. 141, par. 13.)

9. Notiee to be posted by Mining Recorder in his office of applica-

tion for a Working Permit. (See sec. 146.)

10. Notice by Mining Recorder of hearing of dispute in reference

to non-compliance by a licensee with the provisions of The
Mines Art, 1906, referable to a Working Permit. (See sec.
149.)

11. Transfer by a licensee of his interest in an area under a Work-

ing Permit. (See sec. 151.)

12. Renewal of Working Permit. (See sec. 152.)

7a s. . 13_

1906. mines. Chap. 11

13. Application to record the Staking out of a Mining Claim. See

sec. 156.)

14. Affidavit of Discovery. (See sec. 157.)

15. Application by a Licensee for a Free Grant. (See sec. 156.)

16. Affidavit by a licensee to accompany an application for a Free

Grant. (See sec. 157.)

17. Report by licensee to Mining Recorder of performance of work.

(See sec. 161.)

18. Affidavit verifying report of performance of working conditions.

(See sec. 16*2 (1) ).

19. Notice by licensee to a Mining Recorder of intention to perform

on one mining claim work intended to be applicable to con-
tiguous claims held by 'same licensee. (See sec. 163.)

20. Notice by licensee of abandonment of a mining claim. (See sec.

165.)

21. Application for patent of a mining claim to the Mining Re-

corder of Mining Division. CSee sec. 169.)

22. Application for a Prospecting Permit. (See sec. 181 (1) ).

23. Affidavit to accompany application for Prospecting Permit. (See

sec. 181 (1)).

24. Prospecting Permit. (See sec. 181 (2) ).

25. Transfer bv a licensee of his interest in a Prospecting Permit.

(See sec' 181 (10) ).

26. Certificate of a Mining Partnership. (See sec. 185 (4) ).

27. Revocation of appointment of an Agent of a Mining Partner-

ship. (See sec. 185 (9) ).

28. Certificate of a Mining Partnership appointing a new Agent in

place of one deceased. (See sec. 185 (9) ).
20. Transfer of a share of a partner in a Mining Partnership. (See
sec. 185 (11) ).

30. Dissolution of a Mining partnership. (See sec. 185 (12) ).

31. Affidavit verifying documents relating to the incorporation of

a Mining Company. (See sec. 186 (3) ).
32 Certificate of performance of working conditions. (See sec.
162 (2) ).

(Coat of Arms.)
THE MINES ACT. 1906.
Form No. 1. (See sec. 58.)

Province of Ontario.

Department of Lands, Forests and Mines.

No Fee $

Certificate of Record of Staking Out of Mining Claim.

I hereby certify that I have this day granted to of
the holder of miner's license No. , dated

day of 190 , (issued by the Mining

Recorder of the Mining Division), a certificate of ,

record of mining claim No. , known as containing

acres, more or less.
Dated at this day of 190

Mining Recorder of Mining Division.

(Coat

100

Chap. 11.

MINES.

6 Edw. VII

Form No 2

(Coat of Arms.)
THE MINES ACT, 1906.
(See Section 88.)
Province of Ontario.
Department of Lands, Forests and Mines..
No. Fee $

(Name of place of issue and date of issue.)

190

Miner's License.

This License is issued to called the

Licensee, of the of in consideration of

the payment of a fee of dollars, under and subject to

the provisions of The Mines Act, 1906, to be in force until and in-
cluding the 31st day of March next succeeding the date hereof, and
is not transferable.

Mining Recorder of Mining Division.

Stub for Form No. 2.

(Stub.)

Miner's License.

No.- Fee $

Name of Mining Division

Name of licensee

Date of issue

(Coat of Arms.)
THE MINES ACT, 1906.

Form No. 3. (See section 92.)

Province of Ontario.
Department of Lands, Forests and Mines.

No- Fee $

(Name of place of issue and date of issue.)

190

Renewal of Miner's License.

This renewal of Miner's License No. issued by the Mining

Recorder of Mining Division, on the

day of 190 , to of

called the licensee, is issued to the licensee
in consideration of the payment of the fee of dollars,
and under and subject to the provisions of The Mines Act, 1906.
renews the said license until and including the 31st day of March
next succeeding the date hereof, and is not transferable.

Mining Recorder of Mining Division.

Stub

1906.

MINES.

Chap. 11

Stub for Form No. 3.

Renewal of Miner's License.
No. Fee $

No. of Renewal
Name of Licensee
Name of Mining Division
Date of issue of original License
Date of issue of Renewal

(Coat of Arms.)

THE MINES ACT, 1906.

Form No. 4. (See section 118.)

Department of Lands. Forests and Mines.

Transfer of an Unpatented Mining Claim.

The undersigned, holder of miner's license No. issued
by the Mining Recorder of Mining Division,

in consideration of the sum of dollars (receipt whereof is

hereby acknowledged), doth hereby transfer to

holder of miner's license No. issued by the Mining Re-

corder of Mining Division (a) the interest

of the undersigned in Mining Claim No. . in the Mining
Division, particularly described as follows :

Dated at this day of 190

Witness. Signature of Transferor

County (or District) of { I' . °f the

To wit: °* , lnthe

) make oath and say :

1. That I know , the above-named trans-

feror, and was present and saw the above transfer of mining claim
duly signed and executed by the said transferor at
in the of on the

day of 190
Sworn before me at the
of

in the
of

this day of

A.D. 190

(a) State interest.

(Coat of Arms.)
THE MINES ACT, 1906.
Form No. 5. (See sec. 141, par. 11.)

Department of Lands. Forests and Mines.
Application to Mining Recorder to stake out an area for
Working Permit.
The undersigned of holder of miner's license

No. dated the day of 190 # ,

issued by the Mining Recorder of the Mining
Division hereby applies to the Mining Recorder of the
Mining Division for a working permit of the area consisting of
acres, more or less, according to the sketch or plan
attached hereto, more particularly described as f ollews :

The area was staked out and the lines cut and blazed on the

day of 190 , and the name by which

the said area may be known is

Datel at this day of 190

Signature of licensee in full.
Post office address of Licensee.

(Coat

10i>

Chap. 11.

MINES.

6 Edw. VII

(Coat of Anus.)
THE MINES ACT, 1906.
Form No. 6. (See sec. 141, par. 11.)

Department of Lands. Forests and Mines.
Affidavit to Accompany Application for Working Permit.

County (or District) of
To Wit :

I, of the

of in the

holder of Miner's license No.
dated 190 day of

issued by the Mining Recorder of
Mining Division, make oath and say:

1. That the sketch or plan hereto attached is correct and correctly
shows the location of the posts referred to in the annexed applica-
tion for working permit, and their distances from each other in feet
and inches, and all the statements and particulars set out in said
application are true and correct.

2. That I have no knowledge of and have never heard of any ad-
verse claim to the said area described in the said application for
working permit, by reason of discovery of valuable mineral, improve-
ment, occupation or otherwise.

3. That the application for said working permit is made on behalf
of of the of

in the of , holder of miner's

license No. dated the day of 190 ,

issued by the Mining Recorder of Mining
Division.

Sworn before me at the
of

in the

of this J

day of

A.D. 190 . J

Mining Recorder of Mining Division.

(Coat of Arms.)

THE MINES ACT, 1906. .

Form No. 7. (See sec. 141, par. 12.)

Department of Lands. Forests and Mines.

Certificate of Mining Recorder of Application for Working

Permit.

The undersigned hereby certifies that
of , the holder of miner's license No. ,

dated the day of 190 , and issued by

the Mining Recorder of the Mining Division

has this day applied to me for a working permit of the area described
as follows :

eaid to have been staked out by said licensee for himself or

holder of miner's license No. dated the

day of 190 , issued by the Min-

ing Recorder of the Mining Division, (or, as

the case may be), on the day of 190

Dated at . the day of 190 .

Mining Recorder of Mining Division.

(Coat

1906. mines. Chap. 11 103

(Coat of Arms.)
THE MINES ACT, 1906.
Form No. 8. (See sec. 141, par. 13.)

Department of Lands, Forests and Mines.

(Coat of Arms.)

Province of Ontario.

Department of Lands, Forests and Mines.
No. Fee $5.00.

Working Permit.

Pursuant to the provisions of The Mines Act, 1000, and subject
thereto, a Permit is hereby granted to

of , the holder of License No. dated this

day of 190 , issued by the

Mining Recorder of Mining Division

to enter into exclusive possession of the area consisting of
acres, more or less, defined in the sketch or plan attached hereto,
and more particularly described as follows :

end to work thereon during the period of six months from the day
of the date hereof, together with such renewal (if any) as is con-
tained in the renewal hereof endorsed hereon.

Dated at this day of 190

Mining Recorder of Mining Division.

(Coat of Arms.)
THE MINES ACT, 1906.

Form No. 9. (See sec. 146.)

Department of Lands. Forests and Mines.

Notice to be Posted by the Mining Recorder in his office of the
Application for a Working Permit.

Notice is hereby given that of
the holder of Miner's License No. , dated the day of

190 , and issued by the Mining Recorder of

Mining Division, has this day applied to me for
a Working Permit of the area described as follows :

said to have been staked out by said licensee for himself, or

holder of Miner's License No. )# dated the

day of 190 , issued by the Mining Recorder of

Mining Division. or as the ruse may he

on the day of 190

Dated at the day of 190 .

Mining Recorder of

Mining Division.

(Coat

Chap. 11. mines. 6 Edw. VII

(Coat of Arms.)

THE MINES ACT, 1906.

Form No. 10. (See sec. 149.)

Department of Lands. Forests and Mines.

Notice by Mining Recorder of the Hearing of Dispute in Refer-
ence to Non-Compliance by a Licensee with the Provi-
sions of The Mines Act 1906, referable to a
Working Permit.

You are hereby required to take notice that
of has complained to me that you have not com-

plied with the provisions of The Mines Act, 1906, applicable to the
Working Permit held by you, and that I have fixed (a) the

day of 190 , at my office (or such

other place within the Mining Division as may be selected) for the
purpose of hearing what may be alleged on behalf of said complain-
ant and yourself, and that I will, at the said time and place, decide
the said dispute, of all of which you are required to take notice,
and govern yourself accordingly.

Dated at this day of 190 .

Mining Recorder of Mining Division,

(a) The time to be fixed must be such as will admit of seven clear

days' notice being given to the licensee against whom the complaint
has been made.

(Coat of Arms.)

THE MINES ACT, 1906.

Form No. 11. (See sec. 151.)

Department of Lands, Forests and Mines.

Transfer by a Licensee of his Interest in an area under
Working Permit.

The undersigned, holder of miner's license No. (issued by the

Mining Recorder of Mining Division), in considera-

tion of the sum of dollars, (receipt whereof is here-

by acknowledged), hereby transfers to , holder

of miner's license No. (issued by the Mining Recorder of

Mining Division), (a)

of the undersigned, in Working Permit No. , dated the

day of , 190 , issued by the Mining Re-

corder of Mining Division.

Dated at this day of 190 .

Witness.

Signature of Transferor.

Post office address of Transferor.

"I I, of the

County (or District) of ! of in the

To Wit : I of

' make oath and say :
1. That I know the above named transferor, and was present and
saw the above transfer of the Working Permit duly signed and exe-
cuted

1906.

MINES.

Chap. 11 105

cuted by the said transferor at in the

of on the day of

190 .

Sworn before nie at ^
of in the

of . this

day of

A.D. 190 . J

A Commissioner or Notary Public or a Mining Recorder,
(a) State interest transferred.

(Coat of Arms.)
THE MINES ACT, 1906.
Form No. 12. (See sec. 152.)

Department of Lands. Forests and Mines.
Renewal of Working Permit.
(To be endorsed on original Working Permit.)

The period within which of ,

holder of miner's license No. is authorized to have exclusive pos-
session of the area described in Working Permit No. , and to
work same, is hereby renewed and extended until and including the
day of , 190

Dated at this day of 190

Mining Recorder of Mining Division.

(Coat of Arms.)
THE MINES ACT, 1906.
Form No. 13. (See sec. 156.)

Department of Lands. Forests' and Mines.

Application to Record the staking out op a Mining Claim.

To the Mining Recorder of Mining Division,

the undersigned, holder of Mining License No. dated the

day of 190 . , issued by the

Mining Recorder of Mining Division, hereby

applies under the terms and provisions of The Mines Act, 1906, to
record the staking out of a Mining Claim, consisting of acres,
more or less, according to the sketch or plan attached hereto, and
which is more particularly described as follows :

The discovery post is situate
No. 1 post.

Discovery was made on the
190 , at o'clock

The claim was staked and the

the day of
as

Dated at this

feet from

day of

lines cut and blazed on claim on
190 . and the claim is known

day of 190 .

Signature of LAcensee in full.

Coat)

106

Chap. 11.

MINES.

6 Edw. YII

(Coat of Arms.)

THE MINES ACT, 1906.

Form. No. 14. (See sec. 157.)

Department of Lands. Forests and Mines.
Affidavit of Discovert.

County (or District) of ■ , fy,„°^ ^

To Wit: of tne

Holder of miner's license No. dated day of

190 , issued by the Mining Recorder of
Mining Division, make oath and say:

1. That on the day of 190 ,
at the hour of o'clock m., I discovered valuable min-
eral or ore in place, to wit:

On the Mining Claim No. , and described in the application

hereto attached, and in the sketch or plan therein referred to, that
is to say :

(Give particulars of discovery, kind of ore or mineral, also, if pos-
sible, kind of rock enclosing same.)

2. That I have no knowledge of and have never heard of any ad-
verse claim to the said Mining Claim, except as follows :

3. That the sketch or plan hereto attached is correct, and shows
the location of the discovery post and of the other posts which pur-
port to be shown thereon, and, likewise, correctly states the dis-
tances in feet from the said other posts, and that all the par-
ticulars set out in the application to record the staking out of the
Mining Claim are true and correct in every particular.

4. That application for said Mining Claim is made by me on behalf
of of in the

of , holder of Mining License No. , dated

day of 190 , issued' by the

Mining Recorder of Mining Division.

Sworn before me at -\

in the of |

this day of f

A.D. 190 . J

Mining Recorder of Mining Division.

(Coat of Arms.)
THE MINES ACT, 1906.
Form No. 15. (See sec. 156).

Department of Lands. Forests and Mines.
Application dy a Licensee for a Free Grant.

To the Mining Recorder of Mining Division.

The undersigned, holder of Miner's License No. . issued by flu-
Mining Recorder of Mining Division, claims to he-
the first discoverer of valuable metal, ore or mineral, at a point
which is not less than five miles from the nearest known mine, vein,
lode or deposit of the same kind of metal, ore or mineral, as fol-
lows :

The discovery by me is of (a)
The location of the discovery is as shown on the accompanying sketch
or plan.

Tho nearest mine. vein, lode or deposit of the same kind of metal,
ore or other mineral, known to me, is at

1906. mines. Chap. 11

I claim to be entitled to the said (b)
without payment of purchase price according to Mines Act, 1906.
Dated at this day of 190 .

Name of Licensee.

Post office address of Licensee.

(a) State the kind of metal, ore or mineral.

(b) State whether Mining Claim or Special Mining Claim.

(Coat of Arms.)
THE MINES ACT, 1906.

Form No. 16. (See sec. 157.)

Department of Lands. Forests and Mines.

Affidavit by a Licensee to accompany Application for a
Free Grant.

County (or District) of j ^g

To Wit- 1 111

J make oath and say:

1. That the statements contained in the application by

, holder of Miner's license No. hereto annexed, for a

Free Grant of No. , are true and correct in

ever}' particular.

Sworn before me at
in the

of this
day of

AD. 190 .

Mining Recorder of Mining Division.

(Coat of Arms.)
THE MINES ACT, 1906.
Form No. 17. (See sec. 161.)

Department of Lands. Forests and, Mines.

Report by Licensee to Mining Recorder of Performance of

Work, (a)

To the Mining Recorder of Mining Division :

I. the undersigned, holder of Miner's License No. . (issued by
the Mining Recorder of Mining Division), being

the holder of (b) No. hereby notify you that I

Dated at this day of 190

Name of Licensee.
P.O. address of Licensee.

(a) This report must be filed with the Mining Recorder not later
than ten days after the time within which such mining operations
are required to be performed.

(b) State whether mining claim, special mining claim or working
(r) I, or , on my behalf, as the case may be.

(Coat

Chap. 11. mines. 6 Edw. VII

(Coat of Arms.)

THE MINES ACT, 1906.

Form No. 18. (See sec. 162 (1).

Department of Lands. Forests and Mines.

Affidavit Vekifying Report of Performance of Working
Conditions.

County (or* District) of ^e ^

To Wit: |in*he , of

J make oath and say :

1. That the statements contained in the annexed report by

the holder of Miner's License No. to the Mining

Recorder of Mining Division, relating to the per-

formance of mining operations on (o) No. are true and correct

in every particular.

2. That the statement contained in the preceding paragraph is
based upon the following information :

Sworn before me on the
day of

in the
of

this day of

A.D. 190 . ;

Name of Licensee.

P.O. address of Licensee.

Mining Recorder of the Mining Division.

(a) State whether mining claim, special mining claim or Working
Permit.

(Coat of Arms.)
THE MINES ACT, 1906.

Form No. 19. (See sec. 163.)

Department of Lands. Forests and Mines.

Notice by a Licensee to a Mining Recorder of Intention to per-
form of one Mining Claim work intended to be appli-
cable to Contiguous Claims held by same Licensee.

To the Mining Recorder of the Mining Division :

I, the undersigned, holder of Miner's License No. , issued by
the Mining Recorder of Mining Division) hereby

notify you that I am licensee holder of mining claims numbers

and , which are contiguous to each other, and

that during the years 190 and 190 it is my intention to per-
form upon said mining claim No. all the work required by th«
provisions of The Mines Act, 1906, to be performed upon said min-
ing claims.

Dated at this day of 190 .

Name of Licensee.
P.O. address of TAcensee.

(Coat of Arms.)
THE MINES ACT, 1906.

Form No. 20. (See sec. 165.)

Department of Lands, Forests and Mines
Notice by Licensee of Abandonment of a Mining Claim, etc.
To the Mining Recorder of Mining Division:

Ehe

1906.

MINES.

Chap. 11 109

The undersigned, holder of miner's license No. , issued by the

Mining Recorder of Mining Division, and licensee

holder of mining claim No. hereby abandons all interest in said

mining claim, and authorizes you to record such abandonment in
the books of your office.

Dated at ' this day of 190 .

Name of Licensee.
P.O. address of Licensee.
Note. — If working permit or prospecting permit, modify form
accordingly.

(Coat of Arms.)
THE MINES ACT, 1906.
Form No. 21. (See sec. 169.)

Department of Lands. Forests and Mines.
Application for Patent of a Mining Claim, (a)

To the Mining Recorder of Mining Division :

The undersigned, holder of Miner's License No. . (issued by
the Mining Recorder of Mining Division) and

as licensee holder of (b)

No. applies for the issue of a patent thereof.

All work to be performed thereon has been duly performed, and I
now hand you dollars, the purchase money thereof, and re-

quest the issue of a patent thereof to of
being the holder of Miner's License No. (issued by the Mining

Recorder of Mining Division).

Dated at this day of 190 .

Name of Licensee Applicant. .
Post office address of Licensee.
(u) This application must be made to the Mining Recorder of the
Mining Division, within which the claim is situate, within a period
of three years and three months from the date said claim was re-
corded.

(b) State whether Mining Claim or special Mining Claim.

(Coat of Arms.)
THE MINES ACT, 1906.

Form No. 22. (See sec. 181 (1).

Department of Lands, Forests and Mines.
Application for Prospecting Permit, (a)

The undersigned, of the , holder of Miner's

License No. , dated the day of 190

(issued by the Mining Recorder of Mining Divi-

sion), hereby applies to the Mining Recorder of Mining
Division, for a Prospecting Permit to prospect for petroleum, nat-
ural gas, coal or salt, of the area consisting of acres,
more or less, according to the sketch or plan attached hereto, more
particularly described as follows:

The area was staked out and posts were planted on the

day of 190 . and the name by which the said area

may be known is

Dated at this day of 190 .

Signature of Licensee in full.

Post office address.

(a) This form must be in duplicate.

( Coat

110 Chap. 11.

MINES.

6 Edw. VII

(Coat of Arms.)
THE MINES ACT, 1906.

Form No. 23. (See sec. 181 (1).

Department of Lands, Forests and Mines.

Affidavit to Accompany Application for Prospecting Permit, (a)

) T'
of the

Countv (or District) of I of

To Wit : | in the

make oath and say :

1. That I am the holder of Miners License No. , dated the

day of 190 , issued by the Min-

ing Recorder of Mining Division.

2. That the sketch or plan hereto attached is correct, and correctly
shows the location of the posts referred to and the distance from
each in feet, and all the statements and particulars set out in the
said application are true and correct.

3. That I have no knowledge of and have never heard of any ad-
verse claim to the issuing of a Prospecting Permit in the area de-
scribed in the said application.

4. That the said application for said Prospecting Permit is made
on behalf of of in the

of , holder of Miner's License No. ,

issued by the Mining Recorder of Mining
Division.

Sworn before me at
of the
in the
of

this day of

A.D. 190 .

Mining Recorder of Mining Division.

(a) This affidavit must be in duplicate.

(Coat of Arms.)
THE MINES ACT, 1906.
Form No. 24. (See sec. 181 (2).

Department of Lands, Forests and Mines.

No. Fee $

Prospecting Permit, (a)

Pursuant to the provisions of The Mines Act, 1906, and subject
thereto, a Prospecting Permit is hereby granted to
of , the holder of Miner's License No. , dated

the day of 190 , issued by the

Mining Recorder of Mining Division, to enter

upon and prospect the area set forth and described in the sketch or
plan attached hereto, for petroleum, natural gas, coal or salt, and
to work thereon during a period of one year from the day of the
date hereof.

Dated at

this day of

A.D. 190

Minister of T^ands, Forests and Mines.

(a) This permit is to be in duplicate, and one of such duplicate is
to be retained in the office of the Bureau of Mines.

( Coat

1906. mines. Chap. 11 111

(Coat of Arms.)

THE MINES ACT, 1906.

Form No. 2o. (See sec. 181 (10).

Department of Lands, Forests and Mines.

Transfer by a Licensee of his Interest in a Prospecting Permit.

The undersigned, holder of Miner's License No. (issued by

the Mining Recorder of Mining Division), in

consideration of the sum of dollars (receipt whereof is

hereby acknowledged), hereby transfers to , holder

of Miner's License No. (issued by the Mining Recorder of

Mining Division), (a) of the

undersigned in Prospecting Permit No. , dated the

day of 190 , issued by the Minister of Lands, Forests

and Mines.

Dated at the day of 190

Signature of Transferor.

Post office address of Transferor.

)1'

County (or District) of I of the of

To Wit: Tin the of

J make oath and say :
1. That I know the above named transferor, and was present and
saw the above transfer of Prospecting Permit duly signed and exe-
cuted by the said transferor at in the

of on the

day of 190 .

Sworn before me at \
in the of |

this day of i

A.D. 190 . J

A Commissioner or Notary Public or Mining Recorder.

(a) State interest transferred.

(Coat of Arms.)

THE MINES ACT, 1906.

Form No. 26. (See sec. 185 (4)

Department of Lands, Forests and Mines.

Certificate of a Mining Partnership.

This is to certify that the undersigned have formed a mining
partnership, and that the following particulars thereof are true and
correct :

(a) The names in full and addresses of all the partners are as fol-
lows :

(b) The name under which the partnership is to be conducted is
as follows :

(d) The number of shares of said 'partnership owned by each part-
ner is as follows :

(e) 1. The said partnership commenced on the dav of

1906.

2. The date at which the partnership is to terminate is
(/) The name, address and occupation of the agent (a) of the part-
nership with whom all contracts may be made or entered into on be-
half of the partnership is as follows :

Dated at the day of

A.D. 190 .

Signatures of Members of Partnership.

the

112 Chap. 11. mines. 6 Edw. VII

The undersigned, being the duly appointed Agent of the above-
named partnership referred to in this certificate thereof, hereby con-
sents to act as Agent of the said partnership.

Dated at this day of 190

Name of Agent.
P.O. address of Agent.

Witness :

(u) The Agent must be some individual resident in Ontario or an
incorporated company having its head office in Ontario.

(.Coat of Arms.)
THE MINES ACT, 1906.
Form No. 27. (See sec. 185 (9).

Department of Lunds, Forests and Mines.
Revocation of Appointment of an Agent of Mining Partnership.

The undersigned being the majority in interst for the time being
of the recorded members of the mining partnership known as "

" hereby revoke the appointment of
of the heretofore agent of the said partnership, and

hereby appoint of to be agent

of the said partnership in the place and stead of the said

Dated at this day of

AD. 190 .
Witness :

Signatures .of Partners.

The undersigned, being the Agent above mentioned, hereby con-
sents to act as Agent of the said partnership.

Name of Agent.
P.O. address of Agent.

(Coat of Arms.)
THE MTNES ACT, 1906.
Form No. 28. (See sec. 185 (9) ).

Department of Lands. Forests and Mines.
Certificate of a Mining Partnership appointing a new Agent l&

PLACE OF- ONE DECEASED.

The undersigned, being the majority of interest for the time being
of the recorded members of mining partnership known as "

," hereby appoint of the

of in the of to be

the agent of the said partnership in the place and stead of

of formerly Agent of the said part-

nership, and 'now deceased.

Dated at . this day of 190

Witness :

Signatures of Partners.

Coat

1906.

MINES.

Chap. 11

113

(Coat oi' Arms.)

THE MINES ACT, 1906.

Form No. 29. (See sec. 185 (11) ).

Department of TMnds, Forests and. Mines.

Transfer of a Share of a Partner in Mining Partnership.

The undersigned, member of the mining partnership known as "

," in consideration of the sum or dollars
(receipt of which is hereby acknowledged) hereby transfers to

of the of in the county of

, share in said mining partnership, and here-

by authorizes the Mining Recorder of Mining
Division to record the transfer thereof in the books of his office.

Dated at this day of 190 .

Witness :

Name of Partner.

1'ost office address.

(Coat of Arms.)
THE MINES ACT, 1906.
Form No. 30. (See sec. 185 (12) ).

Department of TMnds, Forests and Mines.
Dissolution of a Mining Partnership.

This is to certify that the mining partnership which has hereto-
fore existed between the undersigned, under the name of "

," is hereby dissolved, and the Mining Recorder
of Mining Division is hereby authorized to re-

cord the dissolution thereof in the books of his office.

Dated at this day of 190 .

Witness :

Signatures of Partners.

^oat of Arms.)

THE MINES ACT, 1906.

Form No. 31. (See sec. 186 (3).)

Department of Lands. Forests and Mines.

Affidavit Verifying Documents Relating to the Incorporation
of a Mining Company.

County {or District) of of the of

To Wit : in the of

make oath and say :

1. That I am Secretary (or President, etc.) of (a)

2. That hereto annexed is a true copy of (b) incorporating (a)
In the case of a foreign corporation licensed under the Extra

Provincial Companies' Act to transact business in Ontario add the
jollowing :

8 s.

114 Chap. 11. MINES. 6 Edw. VII

3. That hereto annexed is a true copy of the license issued by the
Provincial Secretary of the Province of Ontario, authorizing (a)
to transact business in the Province of Ontario.

Sworn before me at
in the

of in the

this . dav of

190 . J

A Commissioner for taking affidavits, or

Notary Public, or Mining 'Recorder.

(a) Insert corporate name in full.

(b) State whether Letters Patent, Articles of Association or
Special Act.

(Coat of Arms.)
THE MINES ACT, 1906.
Form No. 32. (See sec. 162 (2)).

Department of TAinds, Forests and Mines.
No. Fee $

Name of place of issue and date of issue

190 .

Certificate of Performance of Working Conditions, (a)

This is to certify that of , holder

of miner's license No. (issued by Mining Recorder of

Mining Division) license of (a) has performed all neces-
sary mining operations on the said (a) to my satisfaction for the
season of 190 , except as follows: (b)

• Mining Recorder.

(a) State whether mining claim, special mining claim or working
permit.

(6) State exceptions and time within which said excepted mining
operations are to be performed.

Stub for Form 32.

No.
Date

Name of Licensee

Number of License

Name of mining claim

Mining operations still to be performed

THE MINES ACT, 1906.

Schedule of Fees.

For a Miner's License or renewal thereof for an individual.

(See sees. 85, 184) $10 00

For a Miner's License issued on or after the 1st Septem-
ber, 1906, and previous to 1st April, 1907 5 00

For a Miner's License or renewal thereof for a registered
partnership where not more than two partners. (See

sees. 85, 184) 10 00

3a s . For

1906.

MINES.

Chap. 11

115

For a Miner's License or renewal thereof for a registered
partnership where more than two but not more than
'five partners. (See sees. 85, 184) 25 00

For a Miner's License or renewal thereof for a registered
partnership where more than five partners. (See sees.
85, 184) 40 00

Miner's License for an incorporated Company where capital
authorized by letters patent or license under The Ex-
tra- Provincial Companies Act does not exceed $40,-
000. (See sees. 85, 184) ■•■ 25 00

Miner's License for an incorporated Company where capital
authorized by letters patent or license under The Ex-
tra Provincial Companies Act is over $40,000, but not
exceeding $100,000. (See sees. 85, 184) 50 00

Miner's License for an incorporated Company where capital
authorized by letters patent or license under The Ex-
tra. Provincial Companies Act is over $100,000, but not
exceeding $500,000. (See sees. 83, 184) 75 00

Miner's License for an incorporated Company where capital
authorized by letters patent or license under The Ex-
tra Provincial Companies Act is over $500,000, but not
exceeding $1,000,000. (See sees. 85, 184) 100 00

And for each additional $1,000,000 or fraction thereof.

(See sees. 85, 184) 100 00

For recording first claim applied for on a license. ( See

sees. 156, 184) .... 5 00

For recording second claim applied for on a license in the

same license year. (See sees. 156, 184) 7 50

For recording third claim applied for on a license in the

same license year. (See sees. 156, 184) 10 00

For examining Claim Record Book, per claim. (See sees.

55, 184) 10

For certificate of record of claim. (See sees. 58, 184) 1 00

For certificate of performance of working conditions. (See

sees. 162 (1), 184) _ 1 00

On filing appeal from Mining Recorder's decision. (See

sees. 75, 184) ..a 5 00

On filing appeal from Mining Commissioner's decision. (See

sees. 43, 184) 10 00

For filing transfer of mining claim. (See sees. 118, 184) 5 00

For recording endorsation on a working permit of a trans-
fer thereof. (See sees. 151, 184) 5 00

For recording endorsation on a prospecting permit of a

transfer thereof. (See sees. 181 (10), 184) 5 00

For a "Substituted Miner's License." (See sees. 93, 184)... 5 00

For recording extension of time for performing working

conditions. (See sees. 72, 184) 1 00

For filing certificate of mining partnership or certified copv

thereof. (See sees. 185 (4), 184) 1 00

For recording certificate of revocation of Agent and ap-
pointment of new Agent for mining partnership. (See
sees. 185 (9), 184) 1 00

For recording transfer of share or shares in a mining part-
nership. (See sees. 185 (11). 184) 25

CHAPTER

116

Chap. 12. CERTAIN ORDERS IN COUNCIL CONFIRMED. 6 EdW.YII.

CHAPTER 12.

An Act respecting" certain Orders-in-Council and
certain Crown Suits.

Assented to 14th May, 1906.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

Order in
Council of
Aug. 14, 1905,
withdrawing
" Gillies
Limit." etc.,
from

exploration,
confirmed.

1. Whereas an Order of the Lieutenant-Governor in
Council was passed on the 14th day of August, 1905, with-
drawing from exploration for mines and minerals and from
sale, lease and location, the lands known as Gillies Broth-
ers' Timber Limit, lying on both sides of the Montreal
River, in the District of Nipissing, containing one hundred
square miles, more or less, and also the lakes known as Co-
balt and Kerr lakes, the said Order-in-Council is hereby
confirmed and declared to have been and now to be binding,
and effectual for the purposes therein mentioned, notwith-
standing that at or before the time of the passing of such
Order-in-Council a discovery or discoveries was or were
made, or was or were alleged to have been made on such
lands, or any part or parts thereof, and notwithstanding
that some claim or claims to the mining rights, mines or
minerals therein or thereon was or were at or before such
time pending; and all discoveries and claims respecting
such lands and mining rights, if any, shall be dealt with
by the Lieutenant-Governor in Council as he may think
fit.

2. The Order of the Lieutenant-Governor in Council of
MOthjan°,fi906, the 24th day of January, 1906, vesting in the Temiskaming
!and"fncertain an^ Northern Ontario Railway Commission certain lands
Temiskaming and lands covered with water in the District of Nipissing
and therein described by metes and bounds, is hereby con-
firmed, and it is hereby declared that the said Order was
intended to vest and did vest in the said Railway Commis-
sion as and from the passing of the Act to authorize the
construction of the Temiskaming and Northern Ontario

Railway

Order in

and Northern
Ont. Ry.
Commission,
confirmed.

1906. CERTAIN ORDERS IN COUNCIL CONFIRMED. Chap. 12

117

Railway, passed in the 2nd year of His Majesty's reign,
chapter 9, the fee simple in the said lands and all mines
and minerals being and lying in or under the said lands
and all mining rights therein and thereto absolutely freed
from all claims and demands of every nature whatsoever in
respect of or arising from any lease or patent of any min-
ing lands or mining location at any time granted.

3. Whenever a mining patent or a mining lease or a Lands and
lease of mining rights shall by proceedings in the High t» bewitif- 1
Court of Justice at the instance of the Crown be repealed exploration
or avoided for any cause the lands and mining rights de- p^J^f*' of
scribed in such patent or lease shall, upon and by virtue lease at
of such repeal or avoidance, be withdrawn from explora- croum!6 °
tion, discovery, staking out, or sale ; and every discovery
and claim of every kind to the said lands or mining rights
and to the mines and minerals on, in or under such lands
made or existing at any time before the repeal or avoidance
of such patent or lease shall thereupon be and become ab-
solutely null and void ; and such lands, mining rights, mines
and minerals shall be thenceforth vested in the Crown ab-
solutely and completely freed and discharged of and from
every claim of any kind to such lands, mining rights, mines
and minerals.

CHAPTER

118

Chap. 13.

volunteers' land grant.

6 Edw. VII.

CHAPTER 13.

An Act to amend the Act to provide for the appro-
priation of certain lands for the Volunteers who
served in South Africa and the Volunteer Militia
who served on the Frontier in 1866.

Assented to 14th May, 1 906.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

i Edw. vii., 1. Section 1 of the Act passed in the 1st year of His Ma-
amended. jesty's reign, chaptered 6, is amended by adding at the end
thereof the following words :

withdrawing "And may, from time to time, withdraw from reservation
reservation for any lands so designated and not theretofore located under
purposes of this Act and substitute other lands for any land so with-
drawn, as may be deemed proper."

Exemption of 2. The Lieutenant-Governor in Council may, from time
i^dnwardSvnmto time, declare that section 8 of the said Act shall not
c. 6, s. 8. apply as to any township designated and set apart under
the said Act.

lEdw. vie, 3. Section 11 of the said Act is repealed and the following
repealed.' substituted therefor :

Reservation of 11. Section 15 of The Public Lands Act shall not apply
minerals under to lands heretofore or hereafter granted to any person
f%' whin not belonging to one of the classes described in section 2 of
toappiy. this Act and located by him by virtue of a certificate issued
to him under this Act, but save, as aforesaid, the said sec-
tion 15 shall apply to lands granted under this Act, and all
lands located under this Act shall be subject to the provi-
sions of The Mines Act, and to every mining lease or min-
ing license issued thereunder prior to such location.

5 Edward vii., 4. Section 5 of the Act passed in the 5th year of His Ma-
ainended5, jesty's reign, chaptered 8, is amended by striking out all

tl e

1906.

volunteers' land grant.

Chap. 13

119

the words in the fourth and fifth lines, and substituting Redemption of
therefor the words "and any such certificate may with provincial y
"the consent of the holder be redeemed by the Treasurer Treasurer.
" of the Province upon payment of $50 to the holder thereof
" out of such moneys as may, from time to time, be voted by
" the Legislature for that purpose."

5. Section 3 of said Act passed in the 1st year of His Ma- i e d*. vn

jesty's reign, chaptered 6, as amended by section 1 of the ed.' ' ' J

said Aet passed in the 5th year of His Majesty's reign, Time for;fiiirig
chaptered 8, is amended by striking out in the last line claims,
thereof the word "January" and substituting therefor the
word "August."

6. Section 7 of said Act is hereby amended b\ adding thei. Edw. vn.,
following subsections thereto : amended.™*

'(a) If any person belonging to one of the classes of per- issue of patents
sons mentioned in section 2 of 1st Edward VII, chapter 6, located within
and amendments thereto who is regularly located for any {option8 fr°m
land under the said Act and has not parted with the same by
any agreement or instrument, or the heirs, executors or
administrators of such person, apply for a patent for the
same before the expiry of ten years from date of location
and without the performance of settlement conditions, such
patent may issue, but from and after the date of said patent
the land included therein shall be liable to taxation for all
purposes, and the pine timber shall be reserved to the
Crown.

(b) In case the land located exceeds an area of 160 acres in
extent and the party so applying for patent has paid for
the overplus at the rate per acre applicable thereto, the
patent shall include such overplus and the whole of the said
location shall be granted under the provisions of the said
Act.

CHAPTER

120

Chap. 14. TEMISKAMING AND NORTHERN ONT. RY. 6 EDW. VII

CHAPTER 14.

An Act to amend The Temiskaming and Northern
Ontario Railway Act.

Assented to 14th May, 1906.

HIS MAJESTY, by and with, the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

9^d" amend' ^* Section 3 of The Temiskaming and Northern Ontario
ed.' Railway Act is amended by adding to sub-section 3 of the

said section the following words: "But no such ratifica-
leases^vhen °f " ti°n shall be necessary of any lease made with the ap-
not required. " proval of the Lieutenant-Governor in Council of any spur

" or branch not exceeding ten miles in any one place."

I amended'0' 2. The said Act is further amended by inserting therein
the following as section 146 : —

Dftposingpf i4fr The Commission shall be deemed to have authority,

DQ.1I16S 811 ft

minerals, etc. with the approval of the Lieutenant-Governor in Council,
from time to time to sell, lease or otherwise deal with
mines, minerals and mining rights on or under any portion
or portions of the right of way or of the town sites vested
or to be vested in the Commission.

2 Edw. VII.

3. Sub-section 3 of section 8 of the said Act as enacted
c.\ s. s. subs, by section 3 of the Act passed in the 5th \ear of His
Majestv's reign, Chaptered 10, is amended by striking out
the word "company" in the fourth and sixth lines thereof
and the words "directors, of the company" in the sixth and
seventh lines thereof, and substituting in lieu of said
words "company" and "directors of the company" the
word "Commission.'"

CHAPTER

1906.

HYDRO-ELECTRIC POWER COMMISSION. Chap. 15

121

CHAPTER 15.

An Act to provide for the Transmission of Electrical
Power to Municipalities.

Assented to 14th May, 1906.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. For the purposes hereinafter ment loned, the Lieuten- Appointment
ant-Governor in Council may from time to time appoint a ^lJctric Power
Commission to consist of three persons, two of whom may commission,
be members of the Executive Council of Ontario and one

of whom shall be a member of such Executive Council, and
such commission shall be a body corporate under the name
of "The Hydro-Electric Power Commission of Ontario,"
hereinafter called "the Commission."

2. The Lieutenant-Governor in Council may designate Chairman,
one of the members of the Commission to be the Chairman Quorum-
thereof. Two of the members of the Commission shall form

a quorum.

3. Every person appointed to the Commission shall hold Tenure of
office during pleasure and the Lieutenant-Governor in
Council may upon the death, resignation or removal from VacancieR-
office of any member of the Commission appoint some other
person to fill his place.

4. The member or members of the Commission other salaries.
Ahan any member of the Executive Council shall be paid

such salary or other remuneration 'as may be fixed by the
Lieutenant-Governor in Council out of such moneys as may
be voted by the Legislature for that purpose.

5. The Commission may, from time to time, appoint a £{p£gkersbnt
Chief Engineer, an Accountant, and a Secretary, and such commission,
other engineers, accountants, officers, servants and work-
men as may be deemed requisite. The salaries or other re-
muneration

122

Chap. 15. HYDRO-ELECTRIC POWER COMMISSION. 6 EdW. VII

muneration of the persons so appointed shall be payable
out of such moneys as may be voted by the Legislature for
that purpose.

piansiSspecifi- ^' municipal corporation may apply to the Com-

catioiis and mission for the transmission to such corporation of elec-

estimates to . • ■> o ,i r> ii j

municipal cor- trical power or energy for the uses of the corporation and
apphcatfon01' *ne inhabitants thereof, for lighting, heating and power
purposes, and the Commission may thereupon furnish to
such municipal corporation estimates of the cost of con-
structing, erecting, installing and maintaining all such
buildings, works, plant, machinery, poles, wires, conduits
and other structures as may be necessary for the purpose
of supplying the amount of electrical power or energy
required by such municipal corporation and may also fur-
nish to such corporation plans and specifications of the
works, plant, machinery and appliances necessary for the
distribution of such power and energy by such municipal
corporation, together with an estimate of the cost thereof.
The Commission shall further furnish to such municipal
corporation a statement of the terms and conditions upon
which such electrical power or energy may be transmitted
and supplied, together with a form of the contract to be
entered into between such municipal corporation and the
Commission.

Proviso. Provided that neither the Commission nor the Province of

Ontario shall incur any liability to any municipal corpora-
tion or company by reason of anj error or omission in any
such plans, specifications, or estimates.

rabmit by-'iaw The council of such municipal corporation may submit.

to electors. to the electors of the municipality in the manner prescribed
in The Consolidated Municipal Act, 1903, a by-law author-
izing the municipal corporation to enter into such contract
and in case such by-law receives the assent of the major-
ity of the electors voting thereon, such contract may be
entered into and executed by the Commission and the
municipal corporation, subject to the approval of the Lieu-
tenant-Governor in Council.

Jndnde»verrnK 8. After the execution of such contract and its
power to muni- approval by the Lieutenant-Governor in Council the

( 'j rvfl IitvuiiGsr

contract. Commission may proceed to transmit and deliver
to the municipal corporation electrical power or
energy to the extent mentioned in such contract, and the
municipal corporation may receive, use, supply and dis-
tribute such electrical power or energy upon such terms
and subject to such conditions as to rates and otherwise a«
the Commission may from time to time prescribe.

powe/tofaii- 9-1 — (1) The Commission may, subject to the approval of
Ways and dis- ^e Lieutenant-Governor in Council, enter into contracts
companies. from time to time with railway companies or distribut-
ing;

1906.

HYDRO-ELECTRIC POWER COMMISSION. Chap. 15

123:

ing companies for the supply of electrical power or energy
for the purposes of such companies.

(2) Any net profit made by the Commission, in supplying appii^nn6
power to a railway company or distributing company under Jjj™^1^8*
any such contract after making due provisions for the cost of ance to
acquiring or constructing and of maintaining the works mu,llclPallties-
through which the power or energy is supplied to such
company, shall be applied in payment of the cost of main-
taining the works, if any, acquired or constructed and
operated by the Commission for the purpose of transmit-
ting, electrical power or energy to municipal corporations.

(3) The Commission may, from time to time, with the Agreements

T. , ~ .■■ * . ., for use of ni

approval of the Lieutenant-Governor in Council, enter into of way of

' railway
companies.

right

a contract with any railway company for the use of the rai1

right of way of such railway company for the erection of
towers, poles, conduits, works and other constructions ne-
cessary for transmitting electrical power or energy by the
Commission.

10. Every municipal corporation entering into a contract J^^? °lliiiea
with the Commission as hereinbefore provided shall, for the c
purpose of using, distributing and supplying electrical

power or energy so contracted for, have the powers, per-
form the duties and be subject to the like obligations as a
municipal corporation constructing or acquiring works for
supplying electrical power or energy under the provisions of
The Municipal Light and Heat Act or The Consolidated
Municipal Act, 1903. Provided that the clauses lettered (a)
to (o9), both inclusive, following paragraph 4 of section 566
of The Consolidated Municipal Act, 1903, shall not apply
to any municipal corporation receiving from the Commis-
sion and using and distributing electrical power or energy
under the provisions of this Act, and it shall not be neces-
sary for the council of any municipal corporation, before
passing any by-law or issuing debentures thereunder for the
purposes of this Act, to fix any price to be offered to any
electric light company or gas company supplying or which
has heretofore supplied electric light or gas in such muni-
cipality or to take any further or other proceedings having
for their object the fixing a price to be paid by the munici-
pal corporation for the works and plant of any such com-
pany or any part thereof, or the purchase or expropria-
tion of such plant or any part thereof by such corporation,
unless the Commission, upon application to it by any such
electric light company or by the municipal corporation,
shall otherwise order or direct.

11. The Commission may, from time to time, report to Report of
the Lieutenant-Governor in Council, designating such ^Tcqulring a*
lands, water privileges, water powers or the lands, works, works' eU'
machinery and plant, or any portion thereof of any com-
pany

124 Chap. 15. HYDRO-ELECTRIC POWER COMMISSION. 6 EdW. VII

panj' or person owning, or holding under lease or other-
wise, or developing, operating or using any water privilege
or water power, or transmitting electrical or other power
or energy in the Province of Ontario which should, in the
opinion of the Commission, be purchased, acquired, leased,
taken or expropriated, developed, operated or used by the
Commission for the purposes of this Act, or may designate
what quantity of the product of any such corporation or in-
dividual developing electrical power or energy in the Pro-
vince of Ontario, or purchasing such power or energy the
Commission requires for the purposes of this Act.

teg^ven toma> 12. The Lieutenant-Governor in Council may, from time
commission. f0 time, upon the recommendation of the Commission,
authorize the Commission :

To acquire
lands and
works.

I'lant and
property of
transmission
companies.

(a) To acquire by purchase, lease or otherwise, or

without the consent of the owners thereof or
persons interested therein to enter upon,
take and use the lands, works, plant and
property of any company or person own-
ing, using and developing or operating lands,
water, water privileges, or works, plant and
machinery for the development of any water
privilege or water power for the purpose of gen-
erating electrical power or energy or for the
transmission thereof in the Province of Ontario,
and to develop and supply electrical power -or
energy ;

(b) To acquire by purchase, lease or otherwise, or

without the consent of the owners thereof or
persons interested therein to enter upon,
take, use, and to construct, maintain and
operate works, machinery, plant and ap-
pliances, lines of wires, poles, tunnels,
conduits and other works for the transmission
and delivery of electrical power or energy, and
to conduct, store, transmit and deliver electrical
power or energy^, and with such lines of wires,
poles, conduits, motors or other conductors or de-
vices to conduct, convey, transmit, distribute,
deliver, furnish or receive such electrical power
or energy to or from any person at any place
through, over, along or across any public high-
ways, bridges, viaducts, railways, watercourses,
or over or under any waters, and through, over
or under the lands of any person, and to enter
upon any lands upon either side of such lines or
conduits, and fell or remove any trees or limbs
thereof, or other obstructions, which, in the
opinion of the Commission, it is necessary to fell
or remove ;

(r)

1906.

HYDRO-ELECTRIC POWER COMMISSION. Cliap. 15

125

(c) To demand, order and direct the delivery to the Com- ^u1*e|^yer
mission of the whole or any part of the product companies."
of the works of any company or person de-
veloping or which proposes to develop a water
power or water privilege for the purpose of gen-
erating electrical power or energy in the Pro-
vince of Ontario, or to enter into agreements
with any such company or person for the sup-
ply of such product or any part thereof to the
Commission for the purposes of this Act.

13. Whenever the Lieutenant-Governor in Council shall Kev'stet0" 37
authorize the Commission to enter into, take, use and ex-
propriate the lands, works, plant, machinery, poles, wires
and other property and appliances of any such company or
person, or to take or expropriate the product of the
works of any such company or person as aforesaid, or
any portion thereof, the Commission shall have the powers
and shall proceed in the like manner as is provided in the
case of the Minister of Public Works taking lands or pro-
perty for the public uses of the Province of Ontario, and
the provisions of The Public Works Act shall, mutatis mu-
tandis, apply to the Commission acting under the authority
of the Lieutenant-Governor in Council in such behalf.

14. The expenditure of the Commission upon any works, ^VbOTneby
undertaken under the provisions of this Act, shall be re- municipalities,
payable to the Commission by the municipal corporations
entering into contracts with the Commission as hereinbe-
fore authorized.

15. In addition to the price per horse power payable by menteatoPbe*
any municipal corporation under the terms of a contract ™^c^alities
entered into with the Commission (which price shall in-
clude an allowance for generating, transforming and trans-
mission losses) every municipal corporation entering into

such a contract shall annually pay to the Commission its
proportion of the following charges :

(a) Interest at the rate of 4 per cent, upon the moneys

expended by the Commission on capital account
in the construction or purchase of the works,
plant, machinery and appliances constructed or
acquired by the Commission for the purpose of
developing, transmitting and delivering electri-
cal power or energy to such municipal corpora-
tion, and other municipalities, if any;

(b) An annual sum sufficient to form in thirty years a

sinking fund for the retirement of the securi-
ties issued by the Province of Ontario under this
Act for the payment of the cost of the works
hereinbefore mentioned ;

(«)

326

Chap. 15. HYDRO-ELECTRIC POWER COMMISSION. 6 Ed\V. VII

(c) The cost of operating, maintaining, repairing, re-
newing and insuring the said works, plant,
machinery and appliances.

^a°rtunment ^e Accountant °f the Commission shall annually

payable by a djust and apportion the amounts payable by municipal
municipahtiei. corp0rati0ns to the Commission under the next preceding
section.

Government j 7 The Lieutenant-Governor in Council may from time

authorized to . . _ . . ~,

raise funds to time raise by way of loan on the credit of the Province
workSofTy "r of Ontario as provided by the Act passed in the fifth year

commission.

of His Majesty's reign, Chapter 2, such sums as may be
required for the purposes hereinbefore mentioned, and the
proceeds of every such loan may be paid over to the Com-
mission for the purposes of this Act and be audited and
accounted for in the manner provided by the Statutes of
this Province respecting the management of the public
revenue, and public accounts.

commission to Jg, All sums received by the Commission from municipal

account for J . . *

monies corporations, railway and other companies under this Act
application of shall be duly accounted for by the Commission and shall be
same. paid over to the Treasurer of the Province of Ontario, to be

applied from time to time in the retirement of the securities
given by the Province for any loan raised under this Act by
the Lieutenant-Governor in Council.

complaints as 19. — (1) Upon the complaint in writing of any municipal
b^|hthherated ('orporation, company or person that any municipal
cower or gas ' corporation, company or person receiving power
irom the Commission under a contract as herein-
before mentioned is charging for supplying electric
lighting or heating or electric power or energy at a
rate which is excessive or unfair, or that any muni-
cipal corporation is making use of the power conferred upon
it by this Act for the purpose of granting bonuses by sup-
plying power, light or heat below cost to manufacturers or
others, the chairman of the Commission may appoint a time
and place at which the Commission or some member thereof
will hear and determine the matter in dispute.

Hearing of (2) Such notice of such appointment as the chairman may
•complaints. direct shall be given by the secretary of the Commission to
all parties concerned. At the time and place appointed the
Commission, or with the consent of all parties any member
of the Commission, shall hear and determine the matter in
dispute and shall make an order dismissing or allowing the
complaint and directing what rates shall be charged by the
municipal corporation, company or person against whom
the complaint is made, and regulating and determining the
rates and charges to be imposed by such municipal corpor-
ation, company or person, and directing the amend-
ment of any by-law or agreement accordingly.

(3)

1906.

HYDRO-ELECTRIC POWER COMMISSION. Chap. 15

1-27

(3) The Commission or the member thereof conducting the Powers of Com-
mission o
enquiry.

hearing shall have the powers authorized to be conferred m

upon a Commissioner appointed under The Act respecting
Enquiries Concerning Public Matters.

(4) Any such municipal corporation, company or person Penalty for
neglecting or refusing to obey and carry out the order or toSorder1ofCe
direction of the Commission or the member thereof con- commission,
ducting such case shall forfeit to His Majesty for the uses
of the Province the sum of $100 for every day during which
such refusal or neglect shall continue.

20. The Commission shall, whenever required by the commission to

T. , • r\ •■! j i ■ j. report on water

Lieutenant-Covernor m Council so to do, enquire into, powers, etc.,
examine and investigate water powers or water privileges in when re(iulred'
the Province and report to the Lieutenant-Governor in Coun-
cil upon the value and capacity thereof, with such other
information as the Lieutenant-Governor in Council may
require. Every report of the Commission shall be laid be-
fore the Legislative Assembly at its next ensuing session.

21. No action shall be brought against the Commission broughtagaiilst
• or against any member thereof for anything done or omit- Commission
ted in the exercise of his office without the consent of the consent of
Attorney-General for Ontario. Genera?

22. The powers of expropriation conferred by this Act Extent of
shall extend to lands, works, rights, powers and privileges, expropriation,
notwithstanding that the same are or may be deemed to

be devoted to a public use or that the owner thereof pos-
sesses the power of taking lands compulsorily.

CHAPTER

128

Chap. 16.

AGRICULTURAL SOCIETIES. 6 EDW. VII

CHAPTER 16.

An Act respecting Agricultural Societies.

Assented to 14th May, 1906.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

short title. 1. This Act may be cited as The Agricultural Societies

Act.

interpretation. 2. In the construction of this Act;

Department. (1) "Department" shall mean "The Department of
Agriculture" ;

Minister. (2) "Minister" shall mean "The Minister of Agricul-

ture for the Province of Ontario";

superintend- . (3) "Superintendent" shall mean "The Superintendent
of Agricultural Societies";

society. (4) "Society" shall mean any agricultural society

formed under this or any previous Agriculture and Arts
Act.

societies 3. All agricultural societies organized under The Agri-

culture and Arts Act, shall be continued except in so far
as they may be altered or affected by this Act.

Minister to de- 4. The Minister may decide all matters of doubt or dis-
aris!ngunderm pute as to the working or construction of this Act, and his
Act- decision shall be final, except that an appeal therefrom

may be made to the Lieutenant-Governor in Council.

inspection. 6. The Minister may appoint any person or persons to
inspect the books and accounts of any society in the Pro-
vince receiving Government aid, under or by virtue of
this Act, and may empower such person to summon wit-
nesses and enforce the production of documents before
him, and to take evidence upon oath in regard to such
inspection ; and all officers of any such society, whenever
required so to do, shall submit the books and accounts
thereof to such inspection, and shall truly to the best of
their knowledge answer all questions put to them in rela-
tion thereto, or to the funds of such society.

1906. agricultural societies. Chap. 16 1'29

6. — (1) Subject to the provisions of the following subsec- 0rglinization'
tion an agricultural society, hereafter, may be organized in

any section of the Province.

(2) An agricultural society, hereafter, shall not be JJ0im?sttaat^°:° as
organized within 20 miles of an existing society, organ- from nearest
ized under this Act, or under any former Agriculture and

Arts Act, unless the physical, or other natural condi-
tions of the adjoining country, are such that the forma-
tion of such society will not injuriously affect the nearest
adjoining society.

(3) An application for permission to organize a new pl^^&uto01
society at a specified point that is within 20 miles of the organize within

■ '20 miles ot tin-

headquarters of an existing society, shall be made in writ- other society,
ing to the Minister, and shall set forth clearly and fully
the facts of the situation, and shall be signed by at least
sixty of the persons desirous of forming such society,
except in judicial districts or unorganized counties, where
the number shall be at least 40. Upon receipt of such
application the Minister shall instruct the Superintendent
to confer with, and if necessary to call a special meeting
of the officers of the existing society whose headquarters
are at the point nearest to the point at which it is proposed
to form a new society, at which meeting said officers, by
resolution, shall place themselves on record as being in
favour of or opposed to the granting of said application.
Should said resolution favor the granting of said appli-
cation, then the Minister may, through Order-in-Council,
grant permission for the formation of said society. When Arbitration,
opposition is expressed to the granting of said application
the Superintendent shall call upon the interested exist-
ing society, and upon the petitioners to appoint one arbi-
trator each, and said two arbitrators shall appoint a third
arbitrator, and these three arbitrators, thus chosen, shall
consider the granting of said application, and make a
recommendation on same to the Minister.

(4) If either the signers of the petition or the officers when Minister
of the interested existing society refuse to appoint an maj eci
arbitrator, then the Minister may grant or refuse the appli-
cation of the signers, as he may deem best.

(5) The parties concerned in all such disputes shall Deposit to
deposit with the Department such moneys as may be cover expenses,
required to pay all expenses connected therewith, such
payment to be made according to the decision of the arbi-
trators, or a majority of them.

7. The mode of organization shall be as follows: — organization.

(a) A declaration in the form of Schedule A to this °f
Act shall be signed by persons (residing with-
in ten miles of the point designated as the head-
quarters of the society) desiring to organize a
9s. society

130

Chap. 16.

AGRICULTURAL SOCIETIES.

6 Edw. VII

Qualification of
members.

Firms and com-
panies may be
members.

Transmitting
declaration to
Minister.

First meeting.

Quorum .

society under this Act. The number of such
persons shall be at least 60, except in the case
of societies organized in judicial districts and
unorganized counties, where the number shall
be at least 40.

(b) No person shall be considered a member of any

society for any year unless he shall have paid
at least one dollar into the funds of that society
as membership fee for that year.

an incorporated company may become a mem-
ber of any society incorporated under this Act
by the payment of the regular fee, but the
name of one person only shall in any one year
be entered as the representative or agent of
such firm or company, and that person only
shall exercise the privileges of membership in
the society.

(d) Within one month after the money has been so

paid the said declaration, with the names and
addresses of the signers of same, shall be trans-
mitted to the Minister, who shall thereupon
authorize a person to call the first meeting for
the organization of the society.

(e) The first meeting of the society shall be held dur-

ing the third week of January next ensuing,
at the point designated as the headquarters of
the society, of which meeting at least two weeks'
public notice shall be given by advertisement
in one or more newspapers published in the dis-
trict, and also by printed placards or bills
posted in local places of common resort.

(/) At the said first meeting, and at any subsequent
meetings of any agricultural society ten mem-
bers shall constitute a quorum.

Election of
officers.

(g). — (i) At the said first meeting there shall be elected
a president, a first vice-president, a second vice-
president, and not more than nine other direc-
tors, who shall be duly qualified members of
the society, or who must become so within 14
'days after their election, and who, together
shall form the board of directors, a majority
of which board shall reside within ten miles
of the place designated as the headquarters of
the society. At the said first meeting the
society shall appoint two auditors for the ensu-
ing year.

9a s. (ii)

1906.

AGltlCULTUKAL SOCIETIES.

Chap. 16

131

(ii) On petition of any society the Minister may Diroctors-
authorize the society to elect not more than six
persons to act as directors, in addition to those
already provided for.

(Hi) Societies may appoint not more than six hon- honorary
orary directors, but such directors shall not
have the right to vote or take part in meetings
of the board of directors.

(h) The board of directors from among themselves or secretary and
otherwise, shall appoint a secretary and a tmlsurer-
treasurer, or a secretary-treasurer, who shall
remain in office during pleasure. The secre-
tary or the secretary treasurer, by virtue of his
office, shall be a member of each committee
appointed, and may be given the power of man-
aging director, acting under the control and
with the approval of the board of directors.

(t) The board of directors, from among themselves, Executive

v ' . ' . ■,, p i committee.

may appoint an executive committee of not
more than five members, to whom it may desig-
ate such duties as it, by resolution, may specify.

(j) A report of the organization meeting, certified Report of or-
by the president, the secretary and the conven- nTee\1n^°tobe
or, and containing a statement of the number *^tt0 Uepiirt"
of members and a list of the officers elected
and appointed, shall be sent to the Department
within one week- after the holding of the meet-
ing.

. — (a) Upon the receipt of such report the society so society when

jini i n • i, ^ organized to

organized snail be deemed an agricultural be deemed an
society, within the meaning of this Act, and slSety'?11™1
shall bear the name designated in the declara-
tion as the headquarters of the society, or
by such name as may be determined by the
members and approved by the Minister.

(b) For the purpose of this Act, the headquarters of Headquarters
any society organized under any previous Agri- °f society'
culture and Arts Act shall be the place at which
the said society held its last annual exhibition,
or which it has designated by by-law or reso-
lution, at a meeting duly called for the pur-
pose, as its headquarters or place of holding
its exhibition, a certified copy of which by-law
or resolution shall be forwarded to the Depart-
ment and the said society shall hereafter be
designated by the name of the said place, or
by such name as may be determined by the
members and approved by the Minister.

132

Chap. 16.

AGRICULTURAL SOCIETIES.

6 Edw. VII

societies0* ^' — ^ °bjects °^ agricultural societies shall be to
promote improvement in agriculture, horticulture, arbori-
culture, domestic industry, manufacturers and the use-
ful arts;

(a) By awarding premiums for live stock (other than
grade breeding males) for agricultural or horti-
cultural implements and machinery, for the
production of grain and of all kinds of vege-
tables, plants, flowers, fruits, home manufac-
tures, and generally for excellence in any agri-
cultural or horticultural production or opera-
tion, article of manufacture or work of art.

(6) By organizing plowing matches, holding seed
fairs, spring stallion and bull shows, competi-
tions respecting standing crops, and for the
best or best managed farms.

pose of owning or distributing pure bred regis-
tered animals, and seeds and plants of new and
of valuable kinds.

(d) By promoting the circulation of agricultural

periodicals ;

(e) By offering prizes for essays on questions of

scientific inquiry relating to agriculture, hor-
ticulture, domestic industries, manufactures
and the useful arts ;

(/) By taking action to eradicate poisonous and ffox-
ious insects and weeds.

expe^iduurelo (2) Societies that expend any of their funds, no matter
forfeitigrant. ]l0W derived, for any purpose inconsistent with those

herein mentioned, shall forfeit all claim to the legislative

grant.

ingsUal meet 10- — (1*) The annual meetings of the several societies
shall be held in the third week of January of each
year, at the headquarters of the society and at the hour
of one o'clock of the afternoon. At any such meeting
only those who have paid their subscription for the ensu-
ing year shall be entitled to vote.

meetings ^ ^eas^ ^w0 weeks' previous notice of any such meet-

ing shall be given by advertisment in one or more news-
papers published in the municipality or municipalities in
which the society is organized, and also by printed
placards or bills posted in places of common resort, or
by sending the same by registered letter, mailed to the last
known post office address of each member of the society
in good standing, such notices to be mailed at least one
week previous, and to state time and place of meeting.

(3)

1906.

AGRICULTURAL SOCIETIES.

Chap. 16

133

(3) In case any society shall, through any cause, fail to en meeting
hold its annual meeting at the time appointed, the Mini- appointed

. . i t-» . time

ster, on petition of the President and Secretary, may ap-
point a time for holding the same before the first day of
March in the same jear, the meeting to be called as for
the regular annual meeting, and this - meeting in all par-
ticulars shall be taken as the annual meeting of the
society.

(4) In the event of the annual meeting not being held Jr°ar*f ;fu™e°ft.
as provided for in this Act, or in the event of the number ing not held,
of members on the first day of September in any year

being less than the number required for organization, the
society shall not be entitled to receive any further finan-
cial aid from the Legislature of the Province, and shall
be deemed to have dissolved, but the directors elected at
the last properly constituted meeting of the society prior
to the said first day of September shall be deemed to be
the trustees of the assets of the society until the same are
disposed of by the order of the Minister.

(5) In the case of any society being dissolved or ceasing Reorganization
to exist it can be re-organized only by proceeding under

section 7 of this Act and in accordance with section 6.

(6) Upon being notified or becoming aware of the dis- SurpiusaSeTs"'

l x« » • i i ,i • • n ,i to be delivered

solution of any society under the provisions of the pre- to department
ceding subsections the Minister may order the directors on dissolutio»-
to deliver over to the Department the assets, if any
lemaining after all just debts have been paid.

11. In addition to any other business the following busi- Businessat
ness shall be transacted at the annual meeting : meeting.

(a) The board of directors shall present at such meet- Report of
ing a report of their proceedings for the past directors'
calendar year, in which shall be stated the
names of all the members of the society, the
amount paid by each being set opposite to his
name, the amount offered and also the amount
awarded in prizes for each kind of live stock,
agricultural products, implements, domestic
products or other objects respectively, and the
number of entries in each class, together with
such remarks and suggestions upon the agri-
culture and horticulture of the district, and the
arts and manufactures therein as they are
enabled to offer;

(6) The board of directors shall present a detailed Statement of
statement of the receipts and expenditures rxpendifure.
for the preceding year, also a statement of the
assets and liabilities of the society at the end
of the year, certified to bv the auditors;

provided,

134

Chap. 16.

AGRICULTURAL SOCIETIES. 6 EDW. VII

Reports to be
recorded and
fyled .

provided, shall be elected by the members, and
auditors shall be appointed for the ensuing
year.

-12. The said reports shall, if approved by the meeting,
be placed on permanent record in the books of the society,
and shall also be sent within one month to the Department,
and the Minister may require all such reports to be made
out on schedules to be supplied by the Department in
such form as he may direct. Failure to comply with these
requirements shall be sufficient to forfeit all claim, on the
part of the society, to participation in the legislative
grant.

By-laws and
regulations.

13. — (a) The members of each society may, at an annual
meeting or at a special meeting, of which two
weeks' previous notice has been given by adver-
tisement in the manner required by subsection
2 of section 10, make, alter and repeal by-laws
and regulations for the general management
of the society; subject to these by-laws and
regulations, the board of directors shall have
full power to act for and in behalf of the
society, and all grants and other funds of the
society shall be received and expended under
their direction.

Special
meetings.

(6) On petition of thirty members of any society, the
secretary shall call a special meeting of the
society for the consideration of such matters
as may be set forth in the petition, the meet-
ing to be advertised as set forth in subsection
2 of section 10, and the advertisements to set
forth the nature of the business to be transacted.

Meetings of
board of
directors.

14. The first meeting of the board of directors of a
society may be held upon the day of the annual meeting,
and the subsequent meetings shall be held pursuant to
adjournment or be called by written notice given by auth-
ority of the president, or, in his absence, of the first
vice-president, or in the absence or on the neglect of the
president or vice-president, then on the written request
of any three of the directors, at least one week before the
day appointed, and at any meeting five shall be a quorum.

Societies to be
bodies cor-
porate .

15. — (1) All societies now or hereafter organized, shall
be bodies corporate, with power to acquire and hold land
as a site for fairs and exhibitions and, subject to the appro-
val of a meeting of the society called for the purpose, to
sell, mortgage, lease, or otherwise dispose oi the same, or
anv other property held by such societies.

(2)

1906.

AGRICULTURAL SOCIETIES.

Chap. 16 135

(2) At least two weeks' previous notice of such meeting Notice of meet-
shall be given by advertisement in one or more news- difpo^iuon^ol"
papers published in the county or district and by printed Pr°Perty-
placard ; and at such meeting only those persons shall be
entitled to vote who are members for the current year and
who were members for the two previous years.

(3). — (a) If the owner of the land selected as a site for Acquiring site,
fairs and exhibitions approved of at a meeting |x price?11 10
of the society called for that purpose, refuses
to sell the same or demands therefor a price
deemed unreasonable by the board of directors
then such owner and such board of directors
shall each forthwith appoint an arbitrator, and
the arbitrators so chosen shall appoint a third
arbitrator, and such arbitrators or a majority
of them shall appraise the damages for such
land.

(b) If the directors or the owner of such land selected Appointment

.. 0 « • j 1 •-, ... in l ,of arbitrators.

as a site tor fairs and exhibitions, snail neglect
or refuse to appoint an arbitrator, the senior
county judge of the county in which the dis-
trict lies may appoint an arbitrator on behalf
of the party so neglecting or refusing to ap-
point an arbitrator as aforesaid.

hear and determine all claims or rights of en- arbitrators.
cumbrancers, lessees, tenants or other persons
as well as those of the owner of the land re-
quired for the purpose of such site for fairs and
exhibitions, upon notice in writing to every
such claimant or person.

(d) Upon payment of the amount of damages appraised Payment of

by a majority of the arbitrators appointed as comPensation-
aforesaid, to the owner or other persons entitled
thereto bv the directors, the land may be taken
and used for the purposes aforesaid.

(e) Any award for a site for fairs and exhibitions made utTetoproperty

and published under this Act, if there be no
conveyance shall be deemed thereafter to be
the title of the society to the land mentioned
in it, and shall be a good title thereto against
all persons interested in the property in any
manner whatever and shall be registered in the
proper registry office, on the affidavit of the
secretary and treasurer or secretary-treasurer of
the directors verifying the same.

(/) The parties concerned in all such disputes shall Expensesof

n ,n . , . ,-, , arbitration.

pay all the expenses incurred m them, accord-
ing

136

Chap. 16.

AGRICULTURAL SOCIETIES. 6 EDW. VII

to the award or decision of the arbitrators or
a majority of them.

L?eutenant ^ ^~^e Prov^s^ons °f the foregoing subsections shall
Governor to be exercised only after consent in that behalf shall have
proceedings, been obtained from the Lieutenant-Governor in Council
by Order in Council.

joint owner- 16. Any township society and town or village muni-
grounds and cipality that had, prior to the 4th day of March, 1868,
buildings. jointly purchased and held any lands or buildings for the
purpose of agricultural fairs or exhibitions, may continue
j,ointly to hold such lands or buildings, or may sell, mort-
gage, lease or otherwise dispose of the same, subject to
the approval of a meeting of the society as provided in
section 15.

Dissolution of 17. Where two or more municipalities have been united
union socie les. un(jer ^e provisions of any former Agriculture and Arts
Act to form a township society, a dissolution of such union
society may be effected in the following manner : a petition
requesting a dissolution and the organization of new
societies shall be signed by a majority of the members
residing in any one of the municipalities and shall be for-
warded to the Minister, and if the number so signing is
equal to the number required for the organization of a new
society as in section 7, the Minister shall direct that new
societies shall be organized in the manner prescribed in
section 7, and the former union society shall thereupon
become dissolved and shall cease to exist.

Disposition of ig Qn ^e dissolution of a union society the assets of

assets on disso- . i n i • • i i • ■ i j

lution. the said society shall be equitably apportioned or divided

by arbitrators, or a majority o'f them, one to be appointed
by the board of directors of each of the new societies, and
another arbitrator to be chosen by the arbitrator so ap-
pointed, or in the event of the said arbitrators failing to
choose such arbitrator within ten days after being appoint-
ed, then the Senior County Judge or the Stipendiary
Magistrate having jurisdiction in the district shall appoint
such arbitrator. In case of disagreement the matter shall
be referred to the Senior Judge of the County or the Stipen-
diary Magistrate, for final decision.

toXpartment8 19. — (1) On or before the first day of March of each
year, the officers of everv society shall send to the Depart-
ment an affidavit, sworn to before any Justice of
the Peace, in the form of Schedule B, annexed to this
Act, stating on forms to be provided by the Department,
the exact financial transactions of the society during the
previous years. This statement shall set forth plain-
ly the number of members in good standing that

belong

1906.

AGRICULTURAL SOCIETIES.

Chap. 16

137

belong to the society. This statement shall also
give the amount of moneys that were paid in prizes for
horses, cattle, sheep, swine, poultry, articles of domestic
manufacture, other products of the farm, orchard and
garden and that were expended for such other purposes as
are set forth in section 9 of this Act. If a spring stallion
show, a spring bull show, or a combined spring stallion
and bull show, has been held, or a spring seed fair, such
statement shall set forth separately and shall show plainly
the number of entries, and the amounts expended in prizes.
Such moneys shall be considered as having been expended
for agricultural purposes.

(2) Any society failing to send in this statement within Failure to send
thirty days shall forfeit all claim to a grant for the current m returns'
year.

20. Every society organized under or recognized by this Grants of
Act, shall be entitled to receive a grant out of the unap- fu'nds"01"1
propriated moneys in the hands of the Treasurer of the
Province, the grant to be paid on the recommendation of

the Department, and upon the following conditions :

(a) That the number of paid-up members for the cur-

rent year is not less than sixty, except in the
case of societies organized in judicial districts
or unorganized counties, when the number of
paid up members must not be less than forty.

(b) That all reports and returns required by this Act

have been made to the satisfaction of the Min-
ister.

and officers elected, in accordance with section
11.

(d) That the objects of the said society, as given in

section 9, have been strictly adhered to, and
that none of the funds of the society, from what-
ever source derived, have been expended in any
manner not in harmony with these objects.

21. An amount not exceeding $70,000 shall be subject Division of
to division among the societies of the Province on the fol- Srantncia
lowing basis : —

(a) Societies that have owned and maintained pure
bred stock, for the benefit of their members, for
a period of at least nine months during the pre-
ceding year, shall receive a grant of $50 for
every registered stallion, $20 for every regis-
tered bull, $10 for every registered boar and
$5 for every registered ram so owned, and a spe-
cial

138 Chap. 16.

AGRICULTURAL SOCIETIES. 6 EDW. VII

cial membership grant of one dollar for every
member of the society in good standing, up to
fifty.

(b) Societies that bold a spring stallion show, a spring

bull show, or a combined spring stallion and
bull show shall receive a grant equal to one
half the sum expended in the holding of such
show, but such sum shall not exceed fifty
dollars.

a grant equal to one half the sum expended in
the holding of such fair such sum not to exceed
twenty-five dollars..

(d) Newly organized societies, the first three years of

their existence, shall receive a grant each year
equal to one dollar per member up to 600
members, except in the case of societies organ-
ized in judicial districts and unorganized coun-
ties where the grant shall be equal to two
dollars per member.

(e) . — (i) The remainder shall be divided among the

societies of the Province, other than new
societies, in proportion to the amount they ex-
pended during the preceding three years, for
agricultural purposes, as shown by their sworn
statements, and as defined in section 19 of
this Act, and there shall not be included in such
expenditure moneys used for the purchase or
maintenance of pure bred stock, for the hold-
ing of spring stallion shows, spring bull shows,
or combined spring stallion and bull shows or
for spring seed fairs.

(it) Societies in judicial districts and unorgan-
ized counties shall be entitled to receive their
grants on the basis of double their actual ex*
penditure for agricultural purposes.

(/) A society shall not be entitled to receive a total
grant exceeding $800.

(g) Should it be found, within one year after the
receipt, by the Department, of a society's
annual statement, that an officer or officers of
the society, has wilfully made false returns,
with an intention to deceive, such officer or
officers shall be liable, upon summary convic-
tion before a Justice of the Peace, to a fine not
exceeding $ 100 or imprisonment in the common
gaol of the county for a period not exceeding
thirty days.

1906.

AGRICULTURAL SOCIETIES.

Chap. 16

139

22. — (1) It shall not be lawful to carry on any horse- Horseracing
racing other than trials of speed under the control and prohlblted-
regulation of the officers of the society during the days
appointed for holding any exhibition by any society, at

the place of holding the exhibition or within five miles
thereof.

(2) Any person who is guilty of a violation of this sec- Penalty,
tion shall be liable, upon summary conviction before a
justice of the peace, to a fine not exceeding $50, or im-
prisonment in the common gaol of the county for a period

not exceeding thirty days.

(3) In case any person is convicted under this section, Society to for-
the society thus proven to have permitted horse-racing eitgrant-
shall be debarred from receiving any portion of the legis-
lative grant in the next ensuing year.

23. — (1) The exhibition of any society shall be held at Exhibitions,
the point designated as the head quarters of the society.

(2) Whenever the members of any society have by by- headquarters
law or resolution fixed upon a place as the head quarters of society,
of the society, or upon any place or places for holding the
exhibition or exhibitions of such society for any year or
years, then the place or places so designated shall not be
changed to any place within 20 miles of the head quarters
of an existing society, but it may be changed to any place
not within such radius upon the decision of a majority of
the qualified voters as follows ; —

(a) A special meeting shall be called by the board of

directors, or by thirty members as provided in
subsection (b) of section 13, for the expressed
purpose of considering the question.

(b) At least two weeks' previous notice of such meet-

ing shall be given by advertisement as in sub-
section 2 of section 10.

were also members in the previous year shall
be qualified to vote.

(d) The meeting shall be called for ten o'clock in the

forenoon, and if a poll is demanded it shall be
opened at once and remain open until six
o'clock, except that it may be closed by the
presiding officer of the society if at any time
one hour elapses without any vote being polled.

24. The exhibitions of any society shall be held at such l^1,"^ tohave
place only as shall afford sufficient accommodation f or "^Xoda-
such exhibitions. tion.

140

Chap. 16.

AGRICULTURAL SOCIETIES. 6 EDW. YII

Power to with- 2o
hold prizes
when fraud
shown .

The board of directors of any association or society
organized under this Act, on being made aware of any
fraud having been committed by any member or exhibitor
in the entry of any stock or goods in competition for prizes
at any exhibition, shall have the power of withholding the
payment of any prizes that may have been awarded by the
judges to such members or exhibitors on such fraudulent
or any other entries made at any such exhibition.

KEEPING THE PEACE, ETC., AT EXHIBITIONS.

Appointment
of constables.

26. Any Justice of the Peace having jurisdiction in any
city, town, village or township, wherein a fair or exhibi-
tion is or is to be held, shall, on the request of the presi-
dent or executive committee of any agricultural society,
appoint as many policemen or constables as may be requir-
ed, at the expense of such society, said policemen or con-
stables to be named by such society, whose duty it shall
be to protect the property of such society within the exhi-
bition grounds, and to eject all persons who may be
improperly within the grounds, or who may behave in a
disorderly manner, or otherwise violate any of the rules
or regulations of such society.

Interfering
with officers.

27. If any person wilfully hinders or obstructs the offi-
cers or servants of any agricultural society in the execu-
tion of their duty, or gains admission to the said grounds
contrary to the rules of such society, he shall be liable to
a fine of not less than $1 nor more than $20; such fine to
be enforced and collected as fines are usually collected,
and to be paid over to such society for its use and benefit ;
and in default of payment the said offender shall be
imprisoned in' the common gaol for a period of not more
than thirty days.

Prohibiting
certain shows
and perform-
ances, etc.

Duty as to
preventing
improper
shows.

28. — (1) The officers of any such society may by their
rules and regulations prohibit and prevent all kinds of
theatrical or circus or acrobatic performances, exhibitions
or shows, and may also regulate or prevent the huckster-
ing or trafficking in fruits, goods, wares or merchandise
on the exhibition grounds, or within 300 yards thereof;
and any person who, after due notice of such rules and
regulations, violates the same shall be liable to be removed
by the officers, policemen or constables of said society,
and be subject to the penalty prescribed by the next pre-
ceding section.

(2) The officers of any such society shall prevent all im-
moral or indecent shows and all kinds of gambling and all
games of chance, including wheels of fortune, dice games,
pools, coin tables, draw lotteries or other illegal games at
the place of holding the exhibition or fair, or within 300

yards

1906.

AGRICULTURAL SOCIETIES.

Chap. 16

141

yards thereof, and any association or society permitting
the same shall forfeit all claim to any legislative grant
during the year next ensuing.

(3) The officers of any such board shall not allow any GambUng
person to exhibit either publicly or to any individual any
gambling device or to bring any such gambling device

into the buildings or upon the grounds in or upon which
the exhibition or fair is being held.

(4) No person shall carry on, or assist, or aid in carry- Gambling
ing on any kind of gambling, or any game of chance, at Prohlblted-
any agricultural, live stock, or industrial exhibition or

fair, or within half a mile thereof.

(5) It shall not be lawful to sell or to have for sale on any sale of liquor
exhibition ground during the time of holding an exhibition p70h™tedS
any wine, beer or spirituous liquors, and any society per-
mitting the same shall forfeit all claim to any grant during

the next ensuing year.

(6) Any person violating the provisions of this 'section Penalty,
shall be liable on summary conviction to a fine of not less
than $20 besides costs, and not more than $100 besides
costs. • i

(7) This section shall apply to all exhibitions held by Application of
societies coming within the above mentioned classes sectl0n'
whether incorporated under the said Act or not.

29. — (1) Any Dominion or Provincial constable shall ^°^nSj°^ d
have the right of free entrance to the grounds and to all Provincial
the buildings on the grounds where a fair or exhibition is Constables
being held under the direction of any society or associa-
tion to which this Act applies, during the time that the
fair or exhibition is being held.

(2) Any constable or other peace officer may, without seizing and
warning or notice, immediately seize all devices and instru- gambling"^
ments used by any person in connection with any kind of devices- etc-
gambling or games of chance or immoral or indecent side
show, and may arrest such person without warrant and
take him before the nearest magistrate having jurisdic-
tion, there to be dealt with according to law, and every
such device or instrument after the conviction of the per-
son concerned, shall be destroyed under the direction of
the magistrate before whom the case is tried.

GENERAL PROVISIONS AS TO ELECTIONS.

30. All persons not under eighteen years of age who who may vote
have paid the membership subscription for the year then at meetmg-
next ensuing to any society to which this Act applies, shall
have the right of voting at the election of officers, and on
all other questions submitted to the annual meetings of
such societies.

142

Chap. 16.

AGRICULTURAL SOCIETIES. 6 EDW. YII

When votes
may not be
received.

31. No membership subscription for the ensuing year
paid after the president or presiding officer has declared
the poll open for the election of officers shall entitle any
member to vote for such officers, nor shall any votes be
received earlier than one o'clock in the afternoon nor later
than six o'clock in the afternoon of the same day.

Vacancies in
offices.

32. Except as otherwise provided, a vacancy occurring
by the death or resignation of any officer of an agricultural
society organized under this Act may be filled by the
remaining officers thereof; and it shall be the duty of
such officers, and they are hereby empowered to nominate
and appoint a fit and proper person to fill the office for
the unexpired term of the person so dying or resigning;
but in the event of the remaining officers being insufficient
to form a quorum, or if for any reason a quorum cannot
be obtained, then persons to fill the vacant offices shall be
elected in manner provided in the next section.

Failure to
elect.

Special meet-
ings for elec-
tions.

33. — (1) In the event of an election of any officers of
a society coming within the provisions of this Act not
being held at the time or place herein directed, or being
for any reason illegal and void, then the persons in office
at the time when such officers should have been elected
shall continue to be, and shall be deemed to be, the officers
of such society until their successors are legally appointed.

(2) In the event of any such non-election or illegal elec-
tion, a special meeting of the members of such society
shall be called as soon as practicable for the election of
such officers ; such meeting to be called (in the manner
provided in subsection 2 of section 10) by the president,
or, in his absence or on his neglect, by the vice-president,
or in the absence or on the neglect of the president and
vice-president, then by any three members of the society
or other body; and at such meeting the election of officers
shall take place, and the persons elected shall thenceforth,
until their successors are appointed, be and be deemed to
be the officers of such society.

MEETINGS OF DIRECTORS.

Special meet- 34. A special meeting of the directors of any society
directors organized under this Act may be called by the president
thereof, or, in his absence or on his neglect, by the vice-
president, or, in the absence or on the neglect of the
president or vice-president, then by any three members of
such body, of which meeting at least seven days' notice
shall be given to each member; and, except as otherwise
provided for, a majority of the directors of any such body
shall be a quorum.

SECURITY

1906.

AGRICULTURAL SOCIETIES.

Chap. 16 143

SECURITY BY TREASURER.

35. — (1) The treasurer of every society organized under security by

treasurer "*
society .

this Act before entering upon the duties of his office shall tre

give such security, either by joint or several covenant
with one or more sureties, which may be in such form as
the board of directors or other managing officers may deem
necessary, for the faithful performance of his duties, and
especially for the duly accounting for and paying over all
moneys which may come into his hands.

(2) It shall be the duty of every such board in each and ^tJ.ociSy^
every year to inquire into the sufficiency of the security

given by such treasurer and report thereon ; and where the
same treasurer for any society is re-appointed from year
to year his re-appointment shall not be considered as a
new term of office, but as a continuation of the former
appointment, and any bond or security given to the society
for the faithful performance of his duties under such re-
appointment shall continue valid as against the parties
thereto.

(3) Where 'the officers of a society neglect to obtain Personal re-
proper security they shall become personally responsible iossnslbl'lty f°r
for all funds of the society in the possession of the
treasurer.

MUNICIPAL AID TO AGRICULTURAL AND OTHER SOCIETIES.

36. — (1) The municipal council of any city, town, vil- Grants from
lage, county or township in this Province may grant or councils!*1
loan money or grant land in aid of any agricultural
society formed within the limits of the municipality, or
partly within the limits of such municipality and partly
within the limits of other municipalities, or wholly within
the limits of an adjoining municipality, when such society
has made the returns required by this Act to be made to the
Minister, provided always that the total amount or value
of the money or land heretofore or hereafter granted or
loaned by any municipality to an agricultural society
under this section shall not exceed, in the case of a city,
$3,000, in the case of a town, $2,000, and in the case of a
village, $1,000.

(2) If such grant is a loan of money to enable the security for, £
society to acquire lands, such municipality may hold the municipalities,
lands so acquired or may take a mortgage thereon, as
security for the amount of such grant until the amount
of such grant be repaid to the municipality; and any such
grant heretofore made in accordance with the provisions
of I his Act shall be legal and valid.

(3)

144

Chap. 16.

AGRICULTURAL SOCIETIES .

6 Edw. VII

Agreements as (3) Any of the said municipalities owning lands or build-
ing^6 of DUIld" nigs f°r public purposes shall have the power to make
agreements on such terms and for such periods as they may
deem expedient with any company now formed, or here-
after to be formed, under the provisions of chapter 196
of the Revised Statutes of Ontario, 1897, or of any amend-
ment that may be made thereto, or with any agricultural
society for the use of such lands or buildings, or either of
them, or for the privilege of erecting on said lands (sub-
ject to such terms as may be agreed on) such buildings
as they may require for agricultural or industrial shows,
and to give the said companies the power of renting said
grounds and buildings when owned by said company to
any agricultural society formed under this Act or any
amendment thereto, to and for the purposes of the annual
show or shows of said society, and to grant to such com-
pany or society the power to collect during said show, or
at other times, as may be agreed, from any person wishing
to go into or upon any such grounds or buildings, or for
any privileges thereon, or for any carriage, wagon or other
vehicle, or for any horse or other animal that may be
taken thereon, such entrance fee or other charge as the said
company or society may deem necessary or expedient.

special aid 37. In addition to the amount divided under section 21 of
to°certa{nes>e this Act, a sum not exceeding ($5,000) five thousand dollars
hibitions. shall be subject to division among The Industrial Exhibi-
tion Association of Toronto ; The Central Canada Exhibi-
tion Association of Ottawa, and The Western Fair Associa-
tion of London, in proportion to the amount of moneys
expended for agricultural purposes as set forth in section
9 of this Act, provided that not more than $2,500 be paid
to any one society, upon the following conditions :

(a) That returns similar to those required in sections

11 and 19 have been made to the Minister;

(b) That the provisions laid down in section 28 of this

Act have been strictly adhered to or enforced in
connection with the exhibition held by the so-
ciety in the previous year.

Repeal of cer- 38. All sections of The Agriculture and Arts Act are
in Rev° Stat?8 hereby repealed, in as far as they apply to agricultural
c- 43- societies.

Commence-
ment of Act.

39. This Act shall come into force on the first day of
February, in the year one thousand nine hundred and
seven.

SCHEDULE

1906.

AGRICULTURAL SOCIETIES.

Chap. 16

145

SCHEDULE "A."
{Section 7).
Declaration of Association.
We, whose names are subscribed hereto, agree to form ourselves
into a society, under the pro visions of The Agricultural Societies Act,
to be called the Agricultural Society of (designating the point that
the Department will be asked to recognize as the headquarters of
the society), and we hereby severally agree to pay to the treasurer
the sums opposite our respective names ; and we further agree to
conform to the by-laws and rules of the said society.

Names. $ cti.

SCHEDULE B.

(Secticn 19. J

Affidavit as to Membership and Payments for Agricultural

Purposes.

I, of treasurer of

the Agricultural Society, make oath and

say that during the year ending 31st day of December, 19 , the
said Agricultural Society expended the sum of dollars,
solely for agricultural purposes, as set forth in the audited finan-
cial statement of the society, and,

That the number of members of the said society for the present
year is

Sworn before me this

day

Treasurer.

Justice of the Peace for
the County of

or a Commissioner in H.C.J.

10 S.

CHAPTER

146 1 Chap. 17.

AGRICULTURAL ASSOCIATIONS.' 6 EDW. VII

CHAPTER 17.

An Act respecting Agricultural Associations.

Assented to 27th April, 1906.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

short title. 1. This Act may be cited as The Agricultural Associa-
tions Act.

"Association." 2. The word " Association" in this Act shall mean any one
of the organizations referred to in section 3.

"Minister." The word " Minister" in this Act shall mean the Minister of
Agriculture.

certain bodies 3. The following Associations, Societies and Organizations
corporations!6 shall be or continue to be bodies corporate under the pro-
visions of this Act : —

The Fruit Growers' Association of Ontario.

The Entomological Society of Ontario.

The Dairymen's Association of Eastern Ontario.

The Dairymen's Association of Western Ontario.

The Western Ontario Poultry Association.

The Eastern Ontario Poultry Association.

The Ontario Bee-keepers' Association.

The Ontario Agricultural and Experimental Union.

The Dominion Sheep Breeders' Association.

The Dominion Swine Breeders' Association.

The Dominion Cattle Breeders' Association.

The Canadian Horsemen's Association.

The Ontario Horse Breeders' Association.

The Ontario Vegetable Growers' Association.

(a) The name of the Canadian Horse Breeders' Associa-
tion, incorporated under The Agriculture and Arts Act, is
hereby changed to that of The Canadian Horsemen's Asso-
ciation.

10a s. 4.

1906.

AGRICULTURAL ASSOCIATIONS.

Chap. 17

147

4. The membership of each Association shill consist of Membership,
annual subscribers, and the membership fee shall be decided

by by-law.

5. Each of such Associations shall have a constitution and ^t^"t1i°^s_
by-laws under which the Association shall be conducted, and

the constitution and by-laws must be approved by the
Minister, and any change, alteration or repeal of the same
must be submitted to and approved by the Minister before it
shall have force or effect.

6. Each Association shall hold an annual meeting at such Annual .
time and place as may be determined by by-law.

7. Each Association at its annual meeting shall elect a Election of
Board of Directors, the number of directors, their representa- directors-
tion of certain districts or classes of members, and their mode

of selection being determined by by-law.

8. The members may elect as director a person not a Director need

• not dg roonioor

member of the Association, but the person so elected must, of association,
within ten days, become a memher, and he shall be entitled to
act as director only after he has become a member of the
Association.

9. At each annual meeting the retiring officers shall present statements
a full report of their proceedings, and of the proceedings of meeting,
the Association, and a detailed statement of the receipts and
expenditure for the previous year, and of the assets and
liabilities, duly audited ; a copy of the said report, a state-
ment of the receipts and expenditure, a statement of the
assets and liabilities, a list of the members and a list of the
officers elected, and also such general information on matters

of special interest to each Association that such Association
has been able to obtain, shall be sent to the Minister within
forty days after the holding of such annual meeting.

10. The directors shall, from among themselves, elect a President and
President and one or more Vice-Presidents. vice-president.

The directors shall, from among themselves or otherwise,
elect a Secretary and a Treasurer, or a Secretary-Treasurer.

11. The directors shall have full power to act for and on Powers of
behalf of the Association, and all grants of money and other
funds of the Association shall be received and expended
under their direction, subject, nevertheless, to the by-law.s and
regulations of the Association.

AUDIT

148 Chap. 17. AGRICULTURAL ASSOCIATIONS. 6 EDW. YII

AUDIT OF ACCOUNTS.

•ccourltf °£ "2* ^e Minister may appoint a person who shall audit tbe
accounts of any of the Associations to which this Act applies,
and such auditor shall present a report of the result of his
audit to the' officers of the Association and also to the
Minister.

GENERAL PROVISIONS AS TO ELECTIONS.

?ofing°£ 13. The members of any Association may by by-law pro-

vide that only those members who have paid their subscrip-
tions at least one week in advance of the annual meeting
3hall be qualified to vote at the annual meeting for the
election of directors.

14. Except as otherwise provided, a vacancy occurring by the
death or resignation, or failure to quality as member, of any
officer or director may be filled by the remaining officers
of the Association ; and it shall be the duty of such officers, and
they are hereby empowered, to nominate and appoint a fit and
proper person to fill the office for the unexpired term of the per-
son so dying or resigning; but in the event of the remaining
officers being insufficient to form a quorum, or if, for any
reason, a quorum cannot be obtained, then persons to fill the
vacant offices shall be elected in manner provided in the next
section.

"Directors to
continue until
successors
lawfully
elected.

15. — (1) In the event of an election of any directors of any
Association being held at the time or place directed by by-
law or being for any reason illegal and void, then the persons
in office at the time when such officers or directors should
have been elected shall continue to be, and shall be deemed to
be, the officers of such Association until their successors are
legally appointed.

(2) In the event of any such non-election or illegal election,
a special meeting of the members of such Association shall be
called as soon as practicable tor the election of such directors ;
such meeting to be called (in the manner provided in sub-
section 2 of section 10) by the president, or, in his absence or
on his neglect, by the vice-president, or in the absence or on
the neglect of the president and vice-president, then by any
three members of the Association ; and at such meeting the
election of officers shall take place, and the persons elected
shall thenceforth, until their successors are appointed, be and
be deemed to be the officers of such Association.

MEETINGS

1906.

AGRICULTURAL ASSOCIATIONS.

Chap. 17

149

MEETINGS OF DIRECTORS.

16. A special meeting of the directors of any Association special
organized under this Act may be called by the president ™i?Mtofs°f
thereof, or, in his absence or on his neglect, by the vice-
president, or, in the absence or on the neglect of the president
or vice-president, then by any three members of* such body,
of which meeting at least seven days' notice shall be given to
each member ; and, except as otherwise provided for, a
majority of the directors of any such body shall be a quorum.
58 V., c. 11, s. 40.

SECURITY BY TREASURER.

17. — (1) The Treasurer of every Association organized security to be
under this Act before entering upon the duties of his office treasurer,
shall give such security, either by joint or several covenant
with one or more sureties, or other wise, as the board of directors
or other managing officers may deem necessary, for the faith-
ful performance of his duties, and especially for the duly
accounting for and paying over all moneys which may come
into his hands.

(2) It shall be the duty of every such board in each and Duty of board
every year to inquire into the sufficiency of the security given astosecun y-
by such treasurer and report thereon ; and where the same
treasurer for any society is re-appointed from year to year his
re-appointment shall not be considered as a new term of
office, but as a continuation of the former appointment, and
any bond or security given to the society for the faithful
performance of his duties under such re-appointment shall
continue valid as against the parties thereto. 58 V , c. 11,
s. 41.

18. Each of the said Associations shall be entitled to Legislative
receive from unappropriated moneys in the hand of thegrant'
Treasurer of the Province a specified sum to be placed in the
estimates and voted by the Legislature for each year on
the following conditions :

(a) That the number of bona fide members is at least fifty.

(6) That the secretary of each of the said Associations
shall, on or before the 1st day of September in each year,
transmit to the Minister an affidavit, which may be sworn to
before any Justice of the Peace, stating the number of mem-
bers who have paid their subscriptions for the current year,
and the total amount of such subscriptions.

(d)

150

Chap. 17.

AGRICULTURAL ASSOCIATIONS.

6 Edw. VII

(d) That none of the funds of the Association, from what-
ever source derived, have been expended in a manner incon-
sistent with the purposes of organization of the said
Association.

Forfeiture of 19. If an Association ceases for twelve consecutive months
non-user01 to do business as required by this Act and by its constitution,
by-laws and rules, or if the Minister is satisfied, after an
enquiry at which the Association was given due notice to
appear, that the business of the Association is not being pro-
perly conducted, the Minister may declare the corporate
powers of the Association forfeited

WINTER FAIRS.

winter fairs 20. The Ontario Provincial Winter Fair and the Eastern
incorporated. 0ntario Live stock and Poultry Show shall be corporate
bodies under this Act, and the Lieutenant-Governor in Coun-
cil may provide that the sections of this Act as far as practic-
able shall apply to these bodies, and may prescribe such Con-
stitution, rules and regulations as are deemed necessary.

INCORPORATION OF OTHER ASSOCIATIONS.

Admission of 21. Upon the petition of any Association not subject to the
other societies. provjsjon 0f this Act, but formed for the purpose of advancing
the interests of any branch of Agriculture, being presented to
the Lieutenant-Governor in Council, the Lieutenant-Governor
may, by Order-in-Council declare that the sections of this
Act shall apply to the Association or Society so petitioning,
and thereafter the said sections shall apply to such Associa-
tion or Society in the same manner and to the same extent as
if it had been incorporated under this Act, and every such
Order-in-Council shall be published in " The Ontario Gazette "
for two weeks following the date of the passing of such
Order in-Council.

ADVISORY BOARD.

Advisory board 22.— (ct) An Advisory Board for Live Stock may be formed
for live stock. ^ a(ivjse ^he ]\£inister regarding matters of interest to the
live stock industry. The Lieutenant-Governor may by Order-
in-Council direct how the Board shall be constituted and may
prescribe the duties and powers of the Board.

Allowance for {b) Members of the Advisory Board shall receive an allow-
expenses. ance for time attending meetings of the Board, or a Commit-
tee of the Board ; also the necessary travelling expenses in
attending such meetings.

< farmers'

1906. AGRICULTURAL ASSOCIATIONS. Chap. 17 151

farmers' and women's institutes.
23 — (a) The formation of Farmers' Institutes andof Women's Farmers' and

W o m Gil s

Institutes for the purpose of disseminating information in institutes,
regard to agriculture, and of improving domestic life shall be
permitted under this Act.

(b) The Lieutenant-Governor in Council may, upon recom-
mendation of the Minister, make rules and regulations pro-
viding for the number and location of the Farmers' Institutes
and Women's Institutes, for the general guidance and direc-
tion of the same, and fixing the grants and conditions upon
which the grants are to be paid.

24. All the sections of The Agriculture and Arts Act hav- Repeal of
ing reference to the Associations mentioned in section 3 of enactments,
this Act and also to Farmers' Institutes are hereby repealed.

CHAPTER

152

Chap. 18.

HORTICULTURAL SOCIETIES. 6 EDW. VII

CHAPTEE 18.

An Act respecting" Horticultural Societies.

Assented to 14th May, 1906.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows :

short title. 1. This Act may be cited as Hie Horticultural Societies
Act.

Interpretation .
"Department."

" Minister."

" Superintend-
ent."

•' Society.'

2. In the construction of this Act

(a) "Department" shall mean The Department of
Agriculture.

(6) "Minister" shall mean the Minister of Agriculture
for the Province of Ontario.

of Horticultural Societies.

(d) "Society" shall mean any Horticultural Society

organized under this Act or under any former
Agriculture and Arts Act.

Societies
continued.

3. All horticultural societies organized under The Agri-
culture and Arts Act shall be continued, except in so far
as they may be affected by this Act.

Minister to de-
cide disputes.

4. The Minister may decide all matters of doubt or dis-
pute as to the working or construction of this Act, and his
decision shall be final except that an appeal therefrom may
be made to the Lieutenant-Governor in Council.

Inspection of
books and
accounts.

5. The Minister may appoint any person or persons to
inspect the books and accounts of any society receiving Gov-
ernment aid, under or by virtue of this Act, and may
empower such person or persons to summon witnesses and
enforce the production of documents before him, and to
take evidence upon oath in regard to such inspection; and
all officials of any such societv whenever required to do so

shall

1906.

HORTICULTURAL SOCIETIES.

Chap. 18

153

shall submit the books and accounts thereof to such inspec-
tion, and shall truly, to the best of their knowledge, answer
all questions put to thern in relation thereto, or to the funds
of such society.

ORGANIZATION.

6. A horticultural society may be hereafter organized Organization,
in any city, town or incorporated village.

7. The mode of organization shall be as follows: MembTrshij)01

(a) Awdeclaration, in the form of Schedule "A" to this
Act, shall be signed by those persons (residents
of the municipality in which the society is
organized) desiring to organize a society under
this Act. In the case of a city having a popu-
lation of 30,000 or over the number of such per-
sons shall be at least 125 ; in the case of a city
with a population of less than 30,000 the num-
ber shall be at least 75. Societies organized in
towns having a population of 2,000 or over,
shall have at least 60 members, and in the case
of an incorporated village the number shall be
at least 50.

(6) No person shall be considered a member of any ^ue^fiecra8tion or
Horticultural Society for any year unless he
shall have paid at least one dollar into the funds
of that society as membership fee for that year.

incorporated company may become a member
of any society, organized under this Act, or' any
former Agriculture and Arts Act, by the pay-
ment of the regular fee, but the name of one
person only, in any one year, shall be entered
as the representative or agent of any firm or
company, and that person only shall exercise the
privileges of membership in the society or organ-
ization.

(d) Within one month after the money has been so paid CaiHngfirst

the said declaration, with the names and ad- meetmg-
dresses of the signers of same, shall be trans-
mitted to the Minister, who shall thereupon
instruct the Superintendent to authorize a per-
son to call the first meeting for the organization
of the society.

(<?) The first meeting of the society shall be held dur- when meeting
ing the second week in January next ensuing, t0 be held"
of which meeting at least two weeks' public
notice shall be given by advertising in one or
more newspapers published in the district.

(/)

154

Chap. 18.

HORTICULTURAL SOCIETIES. 6 EDW. VII

Quorum.

Election of
first officers.

Secretary-
Treasurer.

Report of first
meeting.

(/) At the said first meeting, and at any subsequent
meetings of any horticultural society, ten mem-
bers shall constitute a quorum.

(g) At the said first meeting there shall be elected a presi-
dent, a first vice-president, a second vice-presi-
dent, and not more than nine other directors,
all of whom must be members of the society, in
good standing, or who must become so within
fourteen days after their election, who, together
shall form the board of directors, a majority of
which board shall reside in the municipality in
which the society is organized. At the said first
meeting the society shall appoint two auditors
for the ensuing year.

(h) The board of directors, from among themselves or

otherwise, shall appoint a secretary and a treas-
urer, or a secretary-treasurer, who shall remain
in office during pleasure. The secretary or the
secretary-treasurer, by virtue of his office, shall
be a member of each committee appointed and
may be given the power of managing director,
acting under the control, and with the approval
of the board of directors.

(i) A report of the organization meeting, certified by

the president, a first vice-president, a second
vice-president, the secretary and the convener,
and containing a statement of the number of
members and a list of the officers elected and
appointed, shall be sent to the Department
within one week after the holding of the meet-
ing.

Receipt of
report to
complete
organization.

8. Upon the receipt of such report the society so organ-
ized shall be deemed a horticultural society, and each soci-
ety so organized shall be entitled to participate in the legis-
lative grant hereinafter provided, and to enjoy all the privi-
leges granted by this Act.

Objects of
societies.

9. — (1) The objects of horticultural societies shall be to
encourage improvement in horticulture.

(a) By holding meetings for discussion and for hear-

ing lectures on subjects connected with the
theory and practice of improved horticulture

(b) By holding exhibitions and awarding premiums itv

the production of vegetables, plants, flowers,
fruits, trees and shrubs.

shrubs and trees in ways calculated to create an
interest in horticulture.

(<*)

1906.

HORTICULTURAL SOCIETIES.

Chap. 18

155

(d) By promoting the circulation of horticultural peri-

odicals.

(e) By encouraging the improvement of home and

public grounds, by the planting of trees, shrubs
and flowers, and by otherwise promoting out-
door art and public beauty.

(/) By offering prizes for essays on questions relating
to horticulture.

(g) By importing and otherwise procuring and dis-
>. tributing seeds, plants, shrubs, and trees of new
and of valuable kinds.

(2) A society shall not expend more than one-third of its Expenditure
total receipts in any one of the lines of work mentioned.

No society shall hold an exhibition, or offer premiums, in
connection with the exhibition of any agricultural society
or societies.

(3) None of the funds of any such society, however de- Funds not to be
rived, shall be expended for any purpose inconsistent with expended in-
those mentioned. Societies violating any of the provisions

of this and the preceding subsection shall forfeit all claim
to the Government grant.

10. — (1) The annual meetings of societies shall be Annual
held during the third week in January of each year meetmgs'
at such time and place, as the board of directors may
determine. At any such meeting those members only who
have paid their subscriptions for the ensuing year shall be
entitled to vote.

(2) At least two weeks' previous notice of any such meet- Notice of
ing shall be given by advertisement in one or more news- meetings'
papers published in the municipality, and also, by printed
placards or bills posted in places of common resort, or by
sending the same by registered letter mailed to the last
known post office address of each member of the society in

good standing; such notices to be mailed at least one week
previous, and to state time and place of meeting.

(3) In case any society shall, through any cause, fail to Failure to hold
hold its annual meeting during the third week in January, ^luVaAfrne.
the Minister, on petition of twenty members, may appoint

a time for holding the same before the first day of April in
the same year, the meeting to be called as for the regular
annual meeting, and this meeting in all particulars shall
be taken as the annual meeting of the society.

(4) In the event of the annual meeting not being held as Dissolution of^
provided for in this Act, or in the event of the number of ing not held,
the members on the first day of May in any year being less

than the number required for organization, the society shall
not be entitled to receive any further financial aid from
the Legislature of the Province, and shall be deemed to

have

156

Chap. 18.

HORTICULTURAL SOCIETIES.

6 Edw. VII

have been dissolved, but the directors elected at the last
properly constituted meeting of the society, prior to the said
first day of May, shall be trustees of the assets of the society
until the same are disposed of by order of the Minister.

Delivery over (5) Upon being notified or becoming aware of the disso-
departme^t on lution of any society under the provisions of the preceding
dissolution. subsection, the Superintendent may order the directors to
deliver over to the Department the assets, if any, remain-
ing after all just debts have been paid.

Annual report. H. — (a) The board of directors shall present at such
meeting a report of their proceedings for the
past calendar year, in which shall be stated the
names of all the members of the society, the
amount of money expended in each of the lines
of work open to horticultural societies, as out-
lined in section 9 of this Act. When an exhi-
bition or exhibitions have been held and prem-
iums awarded the report shall show the total
amount offered in prizes at each, the amount
paid in prizes, and the number of entries.

(6) The board of directors shall present a detailed
statement of the receipts and expenditures for
the preceding year, also a statement of the assets
and liabilities of the society, at' the end of the
year, certified to by the auditors.

(c) The officers and other directors specified in clause
(/) of section 7, and to be qualified as therein
provided, shall be elected by the members, and
auditors shall be appointed for the ensuing year.

Detailed state-
ment of
accounts.

Election of
officers.

Reports to be
placed on
record .

12. The said reports shall, if approved by the meeting,
be placed on permanent record in the books of the society,
and shall be sent within one month to the Department, and
the Minister may require all such reports to be made out
on schedules to be supplied by the Department in such form
as he may direct. Failure on the part of the society to
comply with these requirements shall be sufficient to for-
feit all claim to participation in the legislative grant.

By-laws. 13. The members of each society may, at any annual

meeting, or at a special meeting, of which two weeks' pre-
vious notice has been given in the manner required by sub-
section 2 of section 10, make, alter and repeal by-laws and
regulations for the general management of the society ;
subject to these by-laws and regulations, the board of
directors shall have power to act for and in behalf of the
society, and all grants and other funds of the society shall
be received and expended under their direction.

14.

1906.

HORTTCUI/i URAL SOCIETIES.

Chap. 18

157

14. The first meeting of the board of directors of a society Meetings of

Directors.

may be held on the day of the annual meeting, and the sub-
sequent meetings may be held pursuant to adjournment, or
be called by written notice given by authority of the presi-
dent, or in his absence of the first vice-president, or in the
absence or neglect of the president, or vice-president, then
on the written notice of three of the directors, at least one
week before the day appointed, and at any meeting five
shall be a quorum.

15. Where two or more municipalities have been united Dissolution of
under the provisions of any former Act, to form a horti- Umonsocietiei
cultural society, a dissolution of such union society may be
effected in the following manner : A petition requesting
the dissolution and the organization of new societies shall
be signed by a majority of the members residing in any one
of the municipalities, and shall be forwarded to the Min-
ister, and if the number so signing is equal to the number
required for the organization of a new society as in section
7, the Minister shall direct that new societies shall be organ-
ized in the manner prescribed in section 7, and the former
union society shall thereupon become dissolved and shall
cease to exist.

16. On the dissolution of a union society the assets of Distribution of
the said society shall be equitably apportioned or divided dissolution,
by arbitrators, or a majority of them, one to be appointed

by the board of directors of each of the new societies, and
another arbitrator to be chosen by the arbitrators so ap-
pointed, or, in the event of the said arbitrators failing to
choose such arbitrator within ten days after being ap-
pointed, then the senior county judge or the stipendiary
magistrate having jurisdiction in the district shall appoint
such arbitrator. In case of disagreement the matter shall
be referred to the senior judge of the county or the sti-
pendiary magistrate for final decision.

17. — (a) On or before the first day of May, of each year, ments^be6'

the officers of every society shall send to the ^"^1^^"
Department an affidavit, that may be sworn to e
before any justice of the peace, in the form of
Schedule "B" annexed to this Act, stating, on
forms to be provided by the Department, the
exact financial transactions of the society dur-
ing the previous year. This statement shall
set forth plainly the number of members in good
standing that belong to the society, the amounts
paid in prizes for horticultural productions, and
the amounts expended for each of the purposes
defined in section 9 of this Act. This statement
also shall set forth the amounts expended for
officers' salaries and expenses and for the defray-
ment

158

Chap. 18.

HORTICULTURAL SOCIETIES. 6 EDW. YII

ment of all other expenses legitimately incurred
by the society in its work. Such moneys shall
be considered as having been expended for hor-
ticultural purposes.

makin5' false ^ Should it be found, within one year after the

returns. receipt by the Department of a society's annual

statement, that an officer or officers of the soci-
ety has wilfully made false returns with an
intention to deceive, such officer or officers shall
be liable upon summary conviction before a
justice of the peace, to a fine not exceeding $100
or less than $20, or imprisonment in the com-
mon gaol of the county for a period not exceed-
ing six months or less than two weeks.

Grant out of 18. Every horticultural society organized under or re-
furndsncial cognized by this Act shall be entitled to receive a grant out
of the unappropriated moneys in the hands of the Treasurer
of the Province, the grant to be paid on the recommenda-
tion of the Superintendent, and on the following condi-
tions :

(a) That the number of paid-up members for the cur-

rent year is not less than the number required
for organization.

(b) That all reports and returns required by this Act

have been made to the satisfaction of the Super-
intendent.

and officers elected, in accordance with section
11.

(d) That the objects of the said society, as given in

section 9, have been strictly adhered to, and
that none of the funds of the society, from
whatever source derived, have been expended in
any manner not in harmony with these objects.

Provincial 19. An amount not exceeding $8,000 shall be sub-

fund in aid of -ject to division among the Horticultural Societies of the

societies. J ■ °

Province as follows :

(a) $2,400 shall be subject to division among all the

societies in proportion to the total number of
members of each society in the preceding year.

(b) $4,800 shall be subject to division among all the

societies in proportion to the total amount ex-
pended by each society during the preceding
year for horticultural purposes, as shown by
their sworn statement provided for in section
17.'

(c)

1906. HORTICULTURAL SOCIETIES. Chap. 18 159

(c) In addition to the above, $800 shall be subject to
division among the Horticultural Societies in
cities having a population of 30,000 or over,
in proportion to the number of members in the
current year, as shown by sworn statement pro-
vided for in section 17.

20. The exhibitions of any society shall be held within Exhibitions,
the limits of the municipality in which the society is organ-
ized, and shall be held at such place as shall afford suf-
ficient accommodation f<jr such exhibitions.

21. The board of directors of any society organized under Fraud in ob-
this Act, on being made aware of any fraud having been aining prlzes-
committed by any member or exhibitor in the entry of any
horticultural product in competition for prizes at any exhi-
bition, shall have the power of withholding the payment

of any prizes that may have been awarded by the judges to
any members or exhibitors on such fraudulent, or any
other entries made at any such exhibition.

22. Any justice of the peace having jurisdiction in any ^P^^f"*
city, town or village, wherein an exhibition is held, shall e"
on request of the president or executive committee of any
horticultural society, appoint as many policemen or con-
stables as may be required at the expense of the said soci-
ety, whose duty it shall be to protect the property of such
^ciety, and to eject all persons who may be improperly

within the grounds, or on the premises, or who may behave
in a disorderly manner, or otherwise violate any of the
rules or regulations of such society.

23. If any person wilfully hinders or obstructs the officers ^f^"111^*
or servants of any horticultural society in the execution of

their duty, or gains admittance to the exhibitions of such
society contrary to the rules of such society, he shall be
liable to a fine of not less than f 1 and not more than $20,
such fine to be enforced and collected as fines are usually
collected, and to be paid over to such society for its use
and benefit; and in default of payment the said offender
shall be imprisoned in the common gaol for a period of not
more than 30 days.

24. All persons, not under eighteen years of age, who Right to vote
^ave paid the membership subscription for the year then at meotlIlg
ensuing to any society to which this Act applies, shall have

the right of voting at the election of officers, and on all
other questions submitted to the annual meetings of such
societies.

25.

160

Chap. 18.

HORTICULTURAL SOCIETIES.

6 Edw. VII

paidafterpoii ^° memDership subscription for the ensuing year

opens. paid at the annual meeting after the president or presiding

officer has declared the poll open for the election of officers,
shall entitle any person to vote for such officers.

vacancies in 26. Except as otherwise provided, a vacancy occurring
by the death or resignation of any officer of a horticultural
society organized under this Act may be filled by the re-
maining officers thereof ; and it shall be the duty of such
officers, and they are hereby empowered to nominate and
appoint a fit and proper person to fill the office for the
unexpired term of the person so dying or resigning; but in
the event of the remaining officers being insufficient to form
a quorum, or if for any reason a quorum cannot be obtained,
then persons to fill the vacant offices shall be elected in
manner provided in the next section.

illegal eiec- 27.— (1) In the event of an election of any officers of a
society not being held at the time or place herein directed,
or being for any reason illegal or void, then the persons in
office at the time when such officials should have been
elected shall continue to be, and shall be deemed to be, the
officers of such society, until their successors are legally
appointed.

fngforeiection ^ ^n even^ °^ aVLJ such nonelection, or illegal elec-
tion, a special meeting of the members of such society shall
be called, as soon as practicable for the election of such
officers, such meeting to be called (in the manner provided
in subsection 2 of section 10) by the president, or in his
absence or on his neglect by the vice-president, or in the
absence or on the neglect of the president and vice-presi-
dent, then by three members of the society, and at such
meeting the election of officers shall take place and the
persons elected shall henceforth, until their successors are
appointed, be and be deemed to be the officers of such
society.

fnjofdirectore. 28. A special meeting of the directors of any society
organized under this Act may be called by the president
thereof, or in his absence or in his neglect by the vice-
president, or in the absence or on the neglect of the presi-
dent or vice-president, then by any three members of such
body, of which meeting at least seven days' notice shall
be given to each member; and, except as otherwise pro-
vided for, a majority of the directors of any such body
shall be a quorum.

gi^esecurlty. 29. — (1) The treasurer of every society organized under
this Act before entering upon the duties of his office, shall
give such security either by joint or several covenant with
one or more sureties, or otherwise, as the Board of

Directors

1906.

HORTICTJLTriiAL SOCIETIES .

Chap. 18

161

Directors, or other managing officers may deem necessary,
for the faithful performance of his duties, and especially
for the duly accounting for and paying over of all moneys
that may come into his hands.

(2) It shall be the duty of every such board in each and ^"sewirUy
every year to enquire into the sufficiency of the security given,
given by such treasurer and report thereon ; and where

the same treasurer for any society is reappointed from year
to year his reappointment shall not be considered as a new
term of office, but as a continuance of the former appoint-
ment, and any such bond or security given to the society
for the faithful performance of his duties under such re-
appointment shall continue valid as against the parties
thereto.

(3) When the officers of a society neglect to obtain pro- Personal
per security they shall become personally responsible f or ofofficers!llty
all funds of the society in the hands of the treasurer.

30. The municipal council of any city, town or village, Municipal
county or township of this Province, may grant or loan of society,
money in aid of any horticultural society formed within
the limits of the municipality, when such society has made
the returns required by this Act to be made to the Min-
ister.

31. All sections of The Agriculture and Arts Act refer- Repeal of in-
ring to Horticultural Societies are hereby repealed. enactSts.

32. This Act shall come into force on the first day of commence-
February one thousand nine hundred and seven. mem of Act.

SCHEDULE "A."
(Section 7).
Declaration of Association.

We, whose names are subscribed hereto, agree to form ourselves
into a society, under the provisions of The Horticultural Societies
Act, to be called the Horticultural Society of (naming the point
that will be the headquarters of the society) ; and we hereby
severally agree to pay to the treasurer the sums opposite our res-
pective names; and we further agree to conform to the by-laws
and rules of the said society :

11 S.

Names.

$ cts

SCHEDULE

Chap. 18.

HORTICULTURAL SOCIETIES. 6 EDW. VII

SCHEDULE "B."
(Section 17).

Affidavit as to the Receipts and Expenditures of the (insert
name of society) Horticultural Society.

County of

To wit:

I, A. B., of the (village town or city) of treasurer of

the Horticultural Society, make oath and say, that

the total cash receipts of the society for the year ending
were $ , including $ paid in by members for

their annual membership dues, and that the total expenditures of
the society for "horticultural purposes" as defined in the Horti-
cultural Societies Act, and as set forth in the returns of the
society for the year, as made by the officers to the Department,
were $

That the number of the members of the said society is
Sworn before me

this day of A. D. 19

(Signature)

Justice of the Peace for the
County of
or Commissioner in H.C.J.

CHAPTER

1906.

STATUTE LAW AMENDMENT ACT. Chap. 19 163

CHAPTER 19.

The Statute Law Amendment Act, 1906.

Assented to 14th May, 1906.

HIS MAJESTY, by and with, the advice and consent
of the Legislative Assembly of the Province of On-
tario, enacts as follows: —

1. — (1) Part III of The Ontario Voters' Lists Act is sus- Rev. stat, e. t,
pended for two years from the passing of this Act, unless pgnded'for3
during the said two years it is otherwise ordered by the tw0 years-
Lieutenant-Governor in Council. .

(2) Until a new voters' list has been prepared and cer-
tified under this or some other Act of the Legislature of
this Province, the voters' lists last prepared under the
said Part III. which have been duly certified shall in
any election to the Legislative Assembly be the voters'
lists for the polling subdivisions to which such voters'
lists are applicable.

2. Subsection 2 of section 61 of The Ontario Election Act Rev. stat., c. 9,
is amended by adding to the list of polling places in muni- amended"' ' 1
cipalities in the said subsection set out the following polling

place "Turbine Village, Drury Township," and by adding
to the list of polling places in unorganized territory the f ol- Polling places
lowing: "Espanola Village, Creighton Mine, in the Town- |Ir\cAtIgoraa Dis"
ship of Creighton.

3. Section 32 of The Ontario Controverted Elections Act stat,
is amended by striking out the words "and Common amended.
Pleas Divisions" in the 7th line of the said section, and
substituting therefor the words "Common Pleas and Ex-
chequer Divisions."

4. Section 36 of the said Act is amended by striking out Rev. stat.,
the words "and Common Pleas Divisions" in the 6th and amended6
7th lines of the said section and substituting therefor the
words "Common Pleas and Exchequer Divisions."

164 Chap. 19. STATUTE LAW AMENDMENT ACT. 6 EDW. VII

f %, subs' 2,' 12' 5. Subsection 2 of section 10 of The Act respecting the
amended. ' Legislative Assembly is amended by inserting after the
word "Province" in the sixth line of the said section the
words "and such building or work has not been let by
tender to the lowest bidder."

c&bi, s!ai6i, 6. Section 161 of The Judicature Act is hereby amended
amended. Dy adding at the end thereof the following words: —

Investment of ... . r • r\ -i

funds in court Provided that the Lieutenant-Governor m bouncil may
securities.0"1 direct that such monies as may be available for investment
or any portion thereof shall be invested in securities issued
by the Province of Ontario, or in securities guaranteed by
the Province of Ontario, to such extent and in such man-
ner as the Lieutenant-Governor in Council may direct.

Rev Stftt

c. 5i, s. 165 7. Section 165 of The Judicature Act is amended by in-
serting after the word "inspect" in the fourth line of the
said section the words "the offices of the Master in Ordin-
ary and the other officers of the Supreme Court and of the
High Court at Toronto and."

Rev. stPt., 8. Section 21 of The Ontario Public Service Act is

amended. amended by adding at the end thereof the following words :
payment for "But nothing in this Act contained shall be deemed to

special services i -i • . .-i , » « • i

rendered by prohibit the payment of remuneration for special services
clerksin pubiu rendered or performed by any such officer or clerk at the re-
semce. quest of the Lieutenant-Governor in Council, or hereto-

fore performed by anj. such officer or clerk^or any employee
at the request of a member of the Executive Council, in
addition to the ordinary duties of such officer or clerk."

c.T^suik i, 9. Subsection 1 of section 2 of The Algoma Land Tax
amended. Amendment Act, 1903, as amended by section 72 of The
Statute Law Amendment Act, 1904, and further amended
by the first section of The Algoma Land Tax Amendment
Act, 1905, is amended by striking out the figures "1905"
in the seventh line and substituting therefor the figures
"1906."

f. ^amended23' 10. — (1) Section 2 of The Act to provide for the better
afiditor°f Auditing of the Public Accounts of .the Province is amended
by striking out the figures "$2,400" in the last line and
substituting therefor the figures "$3,000."

s. ^'arneiided.'5' (2) The said section 2 is further amended by adding there-
to the following subsection :

(2) Whenever the Legislative Assembly has concurred
in the report of the Committee of Supply recom-
mending the passing of any estimates of expendi-
ture, the Lieutenant-Governor in Council may
authorize the payment of any items of expendi-
ture so concurred in.

1906.

STATUTE LAW AMENDMENT ACT.

Chap. 19

165

11. — (1) Section 2 of The Succession Duty Act as amended ^2V4' ^ •
by the Act passed in the fifth year of His Majesty's reign, ^|^ded
Chaptered 6, section 3, is amended by inserting after the
word "fees" in the third line of subsection 4, clause (d),
the words "or for solicitor's fees" and adding to the end of
such clause the words, "The term 'surrogate fees' in this
clause shall not include solicitor's fees." This amendment
shall be deemed to be declaratory of the law since the pass-
ing of the Act in the first year of His Majesty's reign,
Chaptered 8.

(2) Subsection 2 of section 5 of The Succession Duty Act Rev. stat.,c.24,

• i j 3. 5, iUbs. 2

18 repealed. repealed.

(3) Subsection 3 of section 5 of the said Succession Duty f Y'subs's0'24,
Act is amended by inserting after the word "duty" in the amended,
third line and the word "duty" in the eleventh line the

words "if any."

(4) Section 6 of the said Succession Duty Act is amended Rev. stat.,
by inserting the words "or city" after the word "county" amended,
in the sixth line thereof.

(5) Section 7 of the said Act is amended by striking out J*6^!1*1''
all the words after the word "matters" in the fifteenth line amended,
and adding to the said section the words following : —

"The sheriff shall be paid by the Treasurer of the Pro- ^S8?**
vince the following fees for services performed ^£vices under
under this Act: —

"One dollar for every hour up to five hours;

"Two dollars for every hour in important or difficult
cases ;

"In no case to exceed $10 per diem;

"His actual and necessary travelling expenses."

(6) Section 8 of The Succession Duty Act as amend- Rev. stat,
ed by the Act passed in the second session of the sixty- amended,
second year of the_reign of Her late Majesty, Queen Vic-
toria, Chapter 9, section 14, and as further amended by

the Act passed in the first year of the reign of His Majesty
King Edward VII, Chapter 8, section 7, is repealed and
the following substituted therefor :

8. Where the Provincial Treasurer, his solicitor or Dutyofsurro-
agent, and the other parties interested do not f * to fixfng™"
agree thereon, the Surrogate Registrar shall fix ^duties1168
and settle the debts, encumbrances and other al- payable
lowances and exemptions within the meaning of thereon-
this Act, and shall also assess and fix the cash
value at tbe date of death of the deceased of all
estates, interests, annuities and life estates or
terms of years growing out of such estate, and
the duty to which the same is liable, and shall
immediately give notice thereof, by registered

letter,

166

Chap. 19. STATUTE LAW AMENDMENT ACT. 6 EDW. VII

letter, to such parties as by the rules of the High
Court would be entitled to notice in respect of
like interests in an analogous proceeding; and
the Surrogate Registrar may appoint for the pur-
pose of this Act a guardian for infants who have
no guardians; and the value of every future or
contingent or limited estate, income or interest
in respect of which the duty is payable under
this Act shall, for the purposes of this Act be
determined by the rule, method and standards of
mortality and of value, which are employed by
the Provincial Inspector of Insurance in ascer-
taining the value of policies of life insurance
and annuities for the determination of the lia-
bilities of life insurance companies, save that
the rate of interest to be taken for all purposes
of computations under this section shall be four
per cent, per annum; and the Inspector of In-
surance shall, on the application of any Surro-
gate Registrar, determine the value of such fu-
ture or contingent or limited estate, income or
interest, upon the facts contained in such ap-
plication, and certify the same to the Surrogate
Registrar, and his certificate shall be conclusive
as to the matters dealt with therein.

Rev. st»t., c. 24, (7) Section 9 of the said Act is repealed and the follow-

..9 repealed. jng substituted : —

9. Any person dissatisfied with the report of the sheriff
or the assessment of the Surrogate Registrar may
appeal therefrom to the Surrogate Judge of the
county within thirty days after the making and
filing of such report or the mailing of notice of
such assessment, as the case may be, and upon
such appeal the said Judge shall have jurisdic-
tion to determine all questions of valuation and
of the liability of the appraised estate or any
part thereof for such duty and the decision of
the Surrogate Judge shall be final, unless the
property or the debts and other allowances and
exemptions in respect of which such appeal ii.
taken shall exceed in value or amount the sum
of $10,000, when a further appeal shall lie from
the decision of the Surrogate Judge to a Jud^e
of the High Court, and from such Judge of the
High Court to the Court of Appeal, whose deci-
sion shall be final.

f ei2 subs' i' 24' ^ Subsection 1 of section 12 of the said Act as amended
amended. by the Act passed in the first year of His Majesty's reign,
Chaptered 8, is amended by striking out the word "six" in
the sixth line and inserting the word "five."

tV)

Appeal from
report of sheriff
or assessment
of surrogate
registrar.

1906.

STATUTE LAW AMENDMENT ACT.

Chap. 19

167

(9) Section 21 of the said Act is amended by inserting Rev. stat.,
after the word "courts" in the second line the words "and amended,
solicitors practising therein."

12. — (1) Section 28 of The Division Courts Act is repealed Rev. stat^
and the following substituted therefor : — repealed.

2B. The Lieutenant-Governor may appoint the clerk ^1?^°^ j
and bailiff or bailiffs of any Division Court, and sion Court
all clerks and bailiffs heretofore or hereafter ap- officials;
f pointed shall hold office»-during pleasure only of
the Lieutenant-Governor.

(2) Section 30 of The Division Courts Act is hereby re- Rev. stat.,c.6o,

s. 30,

repealed.

pealed

13. Section 2 of The Arbitration Act is repealed and the Rev. stat. c. 62,
following substituted therefor: — s. 2 repealed.

2. — (a) In this Act, unless a contrary intention appears, f^ubmS^on "
"submission" means a written agreement to submit present
or future differences to arbitration or valuation, whether an
arbitrator or valuator is named therein or not, and shall be
deemed to include a written agreement to submit to arbitra-
tion or valuation or assessment the ascertainment of any
sum or sums of money, or settlement of any terms or dif-
ferences in any contract, in the fixing or determining of
which two or more persons are or may be interested, whether
the subject of difference or not. and whether an arbitrator,
valuator or assessor is named therein or not.

(1>) The term "arbitrator" shall be taken and read to " Arbitrator."
include and mean "valuator;" and "arbitration" to in-
clude and mean "valuation."

(d) "Judge" means Judge of His Majesty's High Court ..Judge„
of Justice.

(e) "Rules of court" mean the rules of the Supreme Court "Rules of
made by the proper authorities under The Judicature Act. Court

14. Section 3a added to The Act respecting Police Rev. stat.,
Magistrates by section .13 of The Act to amend the Statute

Law passed in the second year of the reign of His
Majesty, chapter 12, is repealed and the following substi-
tuted therefor: —

3a. The Lieutenant-Governor in Council may appoint APf°an^m|sn*,
two police magistrates for any city containing not less than two police
200 000 ''nhabitante at salaries to be named in the order ™,?esovTin
making the appointment or by subsequent order. The sal- '■mo.ooo.
aries so named shall be paid by the city quarterly to such
police magistrates and shall not exceed the sum of $5,000

Chap. 19.

STATUTE LAW AMENDMENT ACT. 6 EdVV. Vll

in the case of the senior police magistrate and $3,000 in the
case of the junior police magistrate.

Not to act as »j l • • i j ■ , t i i .

director of ri o ponce magistrate appointed under this section shall

?S&".to during, the continuance of his appointment act as director
of a company, or directly or indirectly practice in the pro-
fession of the law or do any manner of conveyancing or pre-
pare any papers or documents to be used in any court of this
Province under the penalty of forfeiture of office.

Rev. Stat,
c. 101, s. i

15. Section 4 of The Act respecting the Fees of Officers
amended. engaged iii the Administration of Justice is amenaed by
adding thereto the following subsection: —

fe0es*forbattend ^ Item 8 in the schedule of constables' fees is repealed
ance at courts and every constable attending the assizes or sessions shall
lie allowed for each day's attendance the sum of $2, one-
half of which shall be payable out of county funds.

alwfsfe, 16. Subsection 2 of section 6 of The U n organized Terri-

amended tory Act is amended by adding at the end thereof the fol-
lowing words : "And the remuneration they shall each
receive for all work done in connection with The Surrogate
Allowance to Courts Act, Mechanics' mid Wage Earners' Lien Act,
fo?Zl?v£eSges Woodman's Lien for Wages Act, and The Act for protect-
^jer certain jng f])e ]>nJl]j,- Interest in Rivers, Streams and Creeks,
shall be $500 per annum in lieu of all fees heretofore pay-
able to them under any of said Acts and the said fees shall
be payable hereafter in stamps and form part of the con-
solidated revenue fund of the Province.

c.ejoa,Ssat24. 1". Subsection 1 of section 24 of The Unorganized Terri-
peafed re f("'U • ' rf an(^ section 14 of The Act to amend the Statute
Law passed in the sixty-second year of the reign of Her
late Majesty Queen Victoria, Chaptered 11, are repealed
and the following- substituted for the said subsection 1: —

faction of (I) The Judges of the District Court where there are two
such Judges and the Sheriff for each Provisional Judicial
District shall be ex-officio selectors of jurors for the Dis-
trict, and ma;y select, choose and return as jurors any of the
inhabitants of such Provisional Judicial Districts respec-
tively without reference to the mode prescribed for select-
ing, balloting or returning jurors by The Jurors' Act; and
juries de me dictate Ungate, and juries of a like nature, may
he ordered by the Court before which any cause in any of
the said Provisional Judicial Districts may be pending.
Where (here is only one Judge for the District then the
Clerk of the District Court and the Sheriff shall with the
Judge be the selectors of jurors.

jurors.

(! Edw. Vll
C. 23, not to
come into

IS. The Act to amend The Devolution of Estates Act,
} force na.sscd during the present Session and which received its
cinimed. .'lid reading on the 4th of May, 1900, shall come into force

and

lyou

STATUTE LAW AMENDMENT ACT CU.HU I"

1(59

and have effect in whole or in part only on and from such
date as may be named bj (lie Lieutenant-Governor in
Council by proclamation in (hat behalf, and then as to
such part only as may be mentioned in the said proclama-
tion.

19.— (1) Section G of The Quieting Titles Act is hereby ^^s"!;'
repealed, repealed.

(2) Clause 2 of section 7 of The Quieting Titles Act is Rev. Stat,
amended by striking out the words "registering of a cer- .amended.'' ° '
tificate of the petition as provided for by section 6," and
substituting- therefor the words "granting of a certificate

of title."

(3) Section 27 of The Quieting Titles Act is amended byRey.stat_,
striking out the winds "one of the Registrars" and by sub- amended.'
ititutiner therefor the words "Clerk of the Crown and Pleas

or the Clerk of Records and Writs."

(4) Any certificate of title heretofore issued with the sig- Certificates of
nature of the Referee of Titles at Toronto, or Inspector of be siVned
Titles, shall be deemed to be sufficiently signed by him as
Registrar of the High Court, although he may have omit-
ted to add to his signature such last mentioned title.

20.— (I) Subsection 1 of section 169 of The Land Titles
Act, section 3 of chapter 16 of the Statutes passed in the i Edw. vii!,
first year of His Majesty's reign, and section 5 of chapter 2Ed'w. vii.,
19. passed in the second year of the said reign, are hereby
repealed, and the following substituted therefor: —

(\) "When any land situated in Miiskoka, Parry Sound.
Nipissing, Algoma, Manitoulin, Thunder Bay or
Rainy River is granted by the Government of
Ontario by letters patent or by order of the Lieu- oro^er i'l,'' '''
tenant-Governor in Council, the letters patent or Council erant-
a certified copy of the Order in Council shall be certain dis-
forwarded to the local Master of the District for J^,'^""
the purpose of the grantee being entered as the
first registered owner of the land, with'1 any ne-
cessary qualification; provided that this section
shall not apply to land covered with waters of
Lake Huron adjacent to the Great Manitoulin
Island, Cockburn Island or FitzwiUiam Island,
in the District of Manitoulin, or adjacent to any
island which, in whole or in part, lies between
headland and headland around the said three
islands.

(2) Sect ion 171 of / he Hand Titles Ait is hereby amended Rev. Stat,
by adding the following- thereto a» subsection .°, thereof: amluded171

63)

170

Chap. 19.

STATUTE LAW AMENDMENT ACT. 6 EdW. VII

Amount pay-
able into
assurance fun*
in certain
eases.

Registration of
Dominion
patentees.

ReT, Stat.,
c. 149-, s. la,
amended.

(3) In the case of lands hereafter registered under sec-
tions 169 and 170 the amount to be paid into the
Assurance Fund in respect thereof shall be a sum
equal to one-fourth' of one per cent, of the value,
at the time of payment, of the land, apart from
the buildings or fixtures thereon, and one-tenth
of one per cent, of the value at the said time of
the said buildings and fixtures, but not in any
ease less than $1 in respect of any parcel.

(3) Where land situate in any of the districts of this pro-
vince has been or shall be patented by the Government of
Canada the Local Master of Titles of the district shall have
authority to register the patentee as owner of such land
and may do so without submitting his finding upon the
application to the Inspector of Titles for his concurrence.

21. Section la of The Act respecting Conditional Sales of
Chattels, enacted by section 2 of the Act passed in the third
year of His Majesty's reign, Chaptered 13, is repealed.

Agreement,
etc., as to
place of trial,
effect ot

22. No proviso, condition, stipulation, agreement or
statement which provides for the place of trial of any action,
matter or other proceeding shall, subject to the provisions
hereinafter set out, be of any force or effect.

(1) Tiie provisions of this section shall not be available
in any Division Court action or proceeding unless and until
the defendant within the time limited for disputing the
plaintiff's claim or within such further time as the judge
of the court in which the action or proceeding is commenced
shall allow, files with the clerk of the court out of which
the summons issued, or wherein the proceedings were com-
menced, a notice disputing the jurisdiction of such court and
an affidavit of the defendant or his agent stating that in his
belief there is good defence to the action on the merits, and
further stating the Division Court wherein the cause of the
action arose, or partly arose, and the defendant resides.

(2) The provisions of this seetion shall not apply to or be
available in any action, matter or proceeding commenced or
pending in any other court than a Division Court unless and
until the defendant therein shall make a motion to change
the venue or place of trial according to the practice of such
court.

Rev. Stat.,
c. 119,
amended.

Receipt notes
for chattels
other than

23. The Act to amend The Act respecting Conditional
Sales of Chattels is amended by adding thereto the follow-
ing as section 2a : —

2a. Receipt notes, hire receipts and orders for chattels
given by bailees of chattels other than manufactured goods
and chattels, where the condition of the bailment is such

and

1906.

STATUTE LAW AMENDMENT ACT.

Chap. 19

171

that the possession of the chattel passes without any owner- manufactured
ship therein being acquired by the bailee until the pay- fued in°offloe
ment of the purchase or consideration money or some stip- Jourtcierk to
ulated part thereof shall only be valid as against subse- be valid as

i i , :.i : , x- i against sub-

• quent purchasers or mortgagees without notice m good sequent pur-
faith for valuable consideration, provided that the bailor (hasers-
or vendor within ten days from the execution of the receipt
note, hire receipt order or other instrument, evidencing the
bailment or conditional sale given to secure the purchase
money or a part thereof shall file with the clerk of the
County Court of the County in which the bailee or condi-
tional purchaser resided at the time of the bailment or con-
ditional purchase a copy of the said receipt note, hire receipt
or order or other instrument evidencing the bailment or
conditional sale, and no such bailment shall be valid as
against such subsequent purchaser, or mortgagee as afore-
said, unless it is evidenced in writing signed by the bailee
or his agent.

24. Subsection 1 of section 6 of the said Act is amended f4|vss<^sUb.-s
by striking out the word "manufactured" in the fourth l, amended,
and fifth lines thereof.

25. Section 8 of the said Act is amended by adding the Application of
words "and keeping" after the word "taking" in the eighth

line of the said section.

26. Sections 23, 24 and 25 of this Act shall not affect or
apply to any such receipt note, hire receipt, or order for
chattels made or given prior to the 1st day of January, 190T.

27. Section 2 of The Marriage Act is amended by adding Rev. stat.,
thereto the following:— amended2'

5. Any recognized evangelist, teacher or elder of the Right of minis-
congregations of Christians commonly called or known as " Brethern " to
"Brethren," who may be appointed by any such congrega- mea^ria™ethe
tion to perform the ceremony of the solemnization of mar- ceremony,
riage, and whose appointment has previously been filed
in the office of the Provincial Secretary.

28. Sections 4, 5, 6 and 7 of The Ontario Companies Act Rev. stat.
re here
thereof :

are hereby repealed, and the following inserted in lieu repealed.

4. This Act, except in so far as it may be particularly Application
made otherwise applicable, shall apply to the following of Act'
companies : —

(a) To every company incorporated under any special
or general Act of the Parliament of the late Pro-
vince of Upper Canada.

(b)

172

Chap. 19.

STATUTE LAW AMENDMENT ACT. 6 EDW. VII

Proviso.

(6) To every company incorporated under any special or
general Act of the Parliament of the late Pro-
vince of Canada which has its head office
and carries on business within the Pro-
vince of Ontario, and which was incorporated
with objects or purposes to which the legislative
authority of the Legislature of the Province of
Ontario extends, and

Provided, however, that this Act shall not apply to any
such company incorporated for the construction and working
of a railway, the business of insurance and the business of a
loan corporation within the meaning of The Loan Corpora-
tions Act; and further provided, that the Lieutenant-Gov-
ernor in Council may relieve any company incorporated
before the first day of July, 1897, from compliance with any
of the provisions of this Act as may be deemed expedient.

29. — (1) Subsection 1 of section 41 of The Loan Corpora-
tions Act is hereby amended by inserting in the thirteenth
line of the said subsection after the words "officers thereof"
the words "the capital stock thereof, the number of shares
into which divided, the par value per share."

(2) Section 48 of The Loan Corporations Act is hereby
amended by adding after the words "its engagements" in
the fourteenth line these words : "And by every such agree-
ment made or purporting to be made under this Act the
purchasing company shall be deemed and held to covenant
and agree with each and every creditor of the selling
company that the purchasing company will pay to each
such creditor of the selling company the sum or sums in
which the selling company is indebted to each such creditor
respectively, and that payment will be made at such times
and places as such sum or sums would have been payable
had the said agreement not been made or not been assented
to."

■o'e205S^48 sa^ section 48 is further amended by adding

amended. ' thereto subsection 2 as follows :

Rev. Stat,
•c. 20o. s. 41,
subs. 1,
■amended .

Rev. Stat,
c. 20.1), s. 48,
amended.

Privity of
contract be-
tween purchas
ing company
and each
creditor of iell
ing company.

Dissolution of
selling corpor-
ations and of
corporations
amalgamated.

(2) Where, under this Act the Lieutenant-Governor
in Council assents to an agreement for the sale
of the assets of a loan corporation, or to an
agreement for the amalgamation of two or more
loan corporations, then, as from the date of such
assent, the selling corporation, or the several
corporations amalgamated, shall in the respec-
tive cases be deemed to be and shall be dissolved
except so far as is necessary to give full effect
to the said agreement.

(4)

1906. STATUTE LAW AMENDMENT ACT. Chap. 19 173

(4) Subsection 2 of section 89 of The Loan Corporation* Rev- stat-

• • • C 205 s 89

Act is amended by inserting the word "depositors" in the subs. 2,
fourth line of the said subsection after the word "share- amende
holders."

(5) Subsection 1 of section 99 of The Loan Corpora- feZ^m-'
Hons Act (as amended by section 3 (1) of the statute passed ^^sdue^s- *>
in the second session in the sixty-second year of the reign

of Her late Majesty and chaptered 22) is hereby amended
by striking out in the seventh, eighth and ninth lines of
the said subsection the words "and the statement, having
been signed and sworn to by the president or vice-president
and the manager or secretary, shall," and by substituting
therefor the following words: "and the statement having
been adopted by a resolution of the board of directors
passed in that behalf, and having been signed and sworn
to by the president or vice-president and the manager or
secretary shall, with a certified copy of the said resolu-
tion."

(6) Subsection 4 of section 117 of The Loan C orporations fe^5sf-\17
Act is amended bv adding after the words "High Court"

in the sixth line of the said subsection the following words
"And the anneal shall at the latest be made to the then next
sittings of the said court unless an order be made extend-
ing the time for appeal."

30. Section 388 of The Consolidated Municipal Act, c.^.Ts"'
1903, is amended by inserting therein after the words "or- amen(led-
dinary expenditure" the words "and over and above any

sums raised for the purchase of a site or erection of build-
ings for a House of Refuge," and the said section as hereby
amended shall be deemed to have been in force on and from
the 26th day of April, 1904.

31. Section 1 of The Act to Prevent Minors from Rev. stat.
frequenting Billiard' Rooms and other places is amended amended1'
by striking out the figures "16" in the third line and sub-
stituting the figures "18" therefor.

32. Section 30 of The Public Health Act is amended by Rev. stat.
adding the following as subsection 6 : amended30,

(6) No sewage, drainage, domestic or factory refuse, ex- Polluting
cremental or other polluting matter of any kind whatso- water supply-
ever, which, either by itself or in connection with other
matter corrupts or impairs or may corrupt or impair the
quality of the water of any source of public water supply
for domestic use in any city, town, incorporated village
or other municipality, or which renders or may render such
water injurious to health, shall be placed in or discharged
into the waters, or placed or deposited upon the ice of any
such source of water supply, near the place from which
any such municipality shall or may obtain its supply of

water

174

Chap. 19.

STATUTE LAW AMENDMENT ACT. 6 EDW. VII

water for domestic use, nor shall any such sewage, drain-
age, domestic or factory waste or refuse, excremental or
other polluting matter be placed or suffered to remain
upon the bank or shore of any such source of water supply
near the place from which such municipality shall or may
obtain its supply of water for domestic use as aforesaid,
nor within such distance thereof as may be considered
unsafe by the Provincial Board of Health, after an exam-
ination thereof by a member or officer of the said Board,
and any person who shall offend against any provision of
this section shall upon summary conviction be liable to a
penalty of not more than $100 for each offence, and each
week's contiuance after notice by the Provincial Board of
Health or Local Board of Health, to abate or remove the
same shall constitute a separate offence.

Rev. stat. 33. The Act to encourage the Destroying of Wolves

amended. i is amended by adding thereto the following as section 10 :

Evidence of 10 — (1) Whenever the Provincial Treasurer is satisfied
i mgiof wolf. ^e person killing a wolf is properly entitled to re-
ceive the bounty he may direct payment thereof notwith-
standing that the person taking the affidavit and certify-
ing the fact of the wolf being killed is not one of those men-
tioned in said Act, provided such affidavit is taken before
or certificate given by some person authorized by the Act
to give certificates or by some person authorized to ad-
minister oaths for use in the Superior or other Courts of
the Province.

in^igonViutag ^ ^e case °^ c^a^ms ^° the bounty for wolves killed
Park. in the Algonquin Park the affidavit may be taken and the

Rev. stat. certificate given by the Superintendent of the Park, and
c- 46- it shall not be necessary to show that the person killing the

wolf had the special license provided for by section 8 of

The Algonquin National Park Act.

c2 83,CsA25; 34. — (1) Section 15 of The Act to incorporate the Village
amended. nj Sturgeon Point, passed in the sixty-second year of the
reign of Her late Majesty, Queen Victoria, chaptered 83, is
amended by striking out the words "and part of the fifth
County Council Division of the County of Victoria."

sturgeon1 Point (2) Notwithstanding anything contained in The Consoli-
represemed in dated Municipal Act, 1903, or any amendment thereto,
°f v^toria11011 ^e ^i^a£e °^ Sturgeon Point shall not be represented in
the county council of the County of Victoria, as hereafter
constituted, nor shall the reeve of the said village sit or
vote in such council.

l^WaIn' 85. Section 4 of The Act respecting Aid to Certain Rail-
amended. ways passed in the first year of His Majesty's reign, chap-
ter 22, is amended by adding thereto the following words :

" The

1906.

STATUTE LAW AMENDMENT ACT. Chap. 19

IT-')

"The time limited herein is extended as regards the Brace-
bridge and Trading Lake Railway until the thirty-first
day of December, 1906, and as regards the Bruce Mines
and Algoma Railway until the thirtieth day of June,
1909."

36. An extension for the period of two years from the Extension of
first day of December, 1907, is hereby granted to the earning of
Manitoulin and North Shore Railway Company to com- |§anifouUn"
mence and complete the portion of the railway from. Little S^^ji^
Current in the District of Manitoulin to a point distant
about thirteen miles from the Town of Sudbury to which
the said railway has already been constructed and the com-
pletion of the said portion of the said railway shall be
deemed and taken as a fulfilment and performance of the
obligations of the railway company as provided in section
9 of The Act respecting Aid by Land Grant to the Mani-
toulin and North Shore Railway Company, passed in the
first year of His Majesty's reign, chapter 23, so as to
entitle the company to the land grant made by the aforesaid
Act for the above mentioned portion of the railway.

37. — (1) The paragraphs numbered 1 and 2 in section Extension of
16 of The Act respecting Aid by Land Grant to the A I- inland ""grant
goma Central Railway Company as enacted by section 54 centxa°ma
of The Statute Law Amendment Act, 1903, are amended Railway,
by striking out the figures "1906" wherever they occur
in the said paragraphs and inserting in lieu thereof the
figures "1907," but this amendment shall not come into
force or take effect until so declared by proclamation of
the Lieutenant-Governor in Council.

38. Section 23 of The Act to amend the Statute Law* Edw. vn.
passed in the second year of His Majesty's reign, chapter amended.'
12, is repealed and the following substituted therefor : —

Subsection 2 of section 11 of The Ontario Trust Com- Rev. stat.
panies Act is amended by inserting the words "or in secur- subs.'S ' '
ities which are a first charge on lands held in fee simple amended,
in the Provinces of Manitoba, Alberta or Saskatchewan"
after the word "Provinces" in the 9th line of the said sub-
section.

39. Subsection 1 of section 1 of The Act respecting Aid to J^-™^
certain Railways, passed in the fourth year of His Majes- i, amended,
ty's reign, Chapter 18, is amended by striking out the words
"and from the east end of Lake of Bays to the west end of
Hollow Lake," occurring in the third and fourth lines of
the said clause.

176

Chap. 19.

STATUTE LAW AMENDMENT ACT.

6 Edw. VII

c.^ts. Y/su'bs. 4U. — (1) Subsection 2 of section 1 of the Act passed in the
2, amended. fourth year of the reign of His Majesty, chaptered 18, is
GrandTmnk0 amended °y striking out the figures and words "6,000 acres
Pacific Rail- per mile" in the seventh and eighth lines of the said sub-
section and inserting in lieu thereof the figures and words
"3,375 acres per mile."

c.^l^s. is,1'' (2) Section 15 of the said Act is repealed.

repealed.

4 Edw. vii., (3) Section 17 of the said Act is amended by striking out
amended.' the words and figures "sections 15 and 16" in the fifth line
of the said section and inserting in lieu thereof the word
and figures "section 16," and by striking out all the words
in the said section after the words "fee simple" in the tenth
line thereof.

Run**680 41-— (1) By-law No. 580 of the County of Middlesex
dedaredto be confirmed by an Act passed at the present session, is de-
within i Edw. clared to comply with the provisions of The Act for the
improvement of Public Highways and any amendment
thereto, so as to entitle the corporation of the said county
to share in the fund set apart by the said Act.

(2) "Where a bridge or bridges situated on a road or roads
designated for improvement under the said by-law are
improved or renewed, or where a new bridge is erected on
such road or roads, or touching on such road or roads, the
Municipal Council of the County of Middlesex shall be
entitled to receive out of the fund set apart for improve-
ment of public highways, one-third of that part of the cost
of such work actually borne by the county or any local
municipality within the county, whether the liability to
construct or maintain such bridge or bridges or any of
them belongs to the county or a local municipality, or
partly to the county and partly to the local municipality.

(3) The County Council of the County of Middlesex shall
present to the Minister of Public Works an annual state-
ment describing the work done and the amount expended
on the roads designated for road improvement, together
with a certificate of the County Commissioner that the regu-
lations of the Public Works Department in regard to High-
ways have been complied with. Upon receipt of such state-
ment by the Provincial Treasurer, certified and approved
by the proper officials of the Public Works Department, the
Municipality of the County of Middlesex shall be entitled
to receive from the moneys set ap«rt for public highways
an amount equal to one-third of the cost of the works.

(4) The Municipal Corporation of the County of Middle-
sex shall be entitled to receive from the fund set apart by
The Act for Improvement of Public Highways not only
one-third of the sums which will be paid under subsection
4 of section 1 of the said by-law, but also one-third of all

furtber

1906.

STATUTE LAW AMENDMENT ACT.

Chap. 19

177

further expenditures upon the roads designated for improve-
ment under the by-laws required by subsection 1 of section
1 of the said by-law. Provided that the work done in any
municipality shall comply with the requirements of the
Public Works Department in regard to public highways.

42. Section 21 of The Statute Law Amendment Act, j>. Edw. vir.
1905, is repealed and the following is substituted therefor : repealed. '

Section 6 of The Act .respecting Aid to Certain Railways 63V^£-J9, s' °'
passed in the 63rd year of the reign of Her late Majesty,
chapter 29, is amended bj adding thereto the following earnhisfbonus
words: "The time limited herein is extended as regards extended-
the Central Ontario Bail way until the thirty-first day of
December; 1908."

4-3. The Act to incorporate The Roman Catholic Bishop ^Ef.™ vl
of the Diocese of Sault Ste. Marie in Ontario, Canada, amended,
passed in the fifth year of His Majesty's reign, chaptered
121, is amended by adding thereto the following as Sche-
dule "A" :

SCHEDULE "A."

This indenture made in duplicate the day
if one thousand nine hundred and

In pursuance of The Act Respecting Short Forms of Con-
veyances; (mortgages, leases, etc., as the case may be).

Between : The Roman Catholic Episcopal Corporation for the
Diocese of Sault Ste. Marie in Ontario, Canada, of the First Part.

of the Second Part ; The Right Reverend
David Joseph Scollard, (or as the case may be) Bishop of the Dio-
cese, of the Third Part ; and The Right Reverend or Very Rever-
«nd Coadjutor Bishop or Vicar-General (as the case may be) and
The Reverend Clergyman of the said

Diocese, or (naming two clergymen if there

■be neither Coadjutor nor Vicar-General, and adding recital to that
effect) of the Fourth Part.

Whereas the party hereto of the first part has contracted with
the party hereto of the second part for the sale (mortgage, lease,
etc.) of the lands hereinafter described ; and whereas the party
hereto of the third part is the present Bishop of said Diocese, and
the parties hereto of the fourth part are the proper persons whose
consent is necessary to this conveyance under the terms of the
statute incorporating the party of the first part; and whereas the
parties hereto of the fourth part join in this conveyance in order to
testify in writing their consent to the sale (mortgage, etc.) as afore-
said, pursuant to said statute;

Now therefore this indenture, etc., as in other conveyances.
After covenants. — And the parties hereto of the fourth part thereof
consent to this conveyance, and are made parties hereto and exe-
cute the same for the purposes hereinbefore set forth.

12 s. In

178

Chap. 19.

STATUTE LAW AMENDMENT ACT. 6 EDW. VII

In Witness Whereof the said party of the first part has caused
its corporate seal to be affixed attested by the hand of the said
party of the Third Part and the said parties of the Fourth Part
have hereunto set their hands and seals.
Signed, Sealed and Delivered
in the presence of two
witnesses :

A. B.
C. D.

(L.S.C.)
(L.S.)
(L.S.)
(L.S.)

Powers ot 44. Sections 59 to 74 (both inclusive) of The Ontario

Niagara' Power Railway Act, 1906, are incorporated with the Act passed
Skfn^and8 10 in ^ fifty-fifth year of the reign of Her late Majesty
Queen Victoria, chaptered 8, and shall be read as applic-
able to the Canadian Niagara Power Company as if the
said Company had been expressly so named in the said
sections save in so far as the same are varied by or are
inconsistent with the provisions of the said last mentioned
Act.

55 V., c
amended .

Canadian
Niagara Power
Co. authorized
to issue addi-
tional bonds for
$3,000,000.

45. Section 6 of the Act passed in the 55th year of the
reign of Her late Majesty, Queen Victoria, chaptered 8,
is amended by adding thereto the following subsection :

(a) For the purpose of prosecuting and completing the
said undertaking the directors of the said com-
pany shall have power to make a further issue
of bonds, the whole amount of such further issue
not to exceed in all the sum of |3, 000, 000, to
. which issue all the terms of section 6 of this Act
shall apply as though the same were set forth in
this subsection, provided, always, that the said
further issue of $3,000,000 shall rank next sub-
sequent to the issue of $5, 000, 000 authorized by
section 6 of this Act.

Aid to Canada 44>. — (1) There shall be granted out of the Consolidated
wa^co'mpany -^evenue Fun<l to the Canada Central Railway Company,
or such other company as shall carry out the work, for the
construction of a railway from the Town of Little Current
to a point about 13 miles from the Town of Sudbury a
distance not exceeding 53 miles, a cash subsidv of $5,000
a mile— $265,000.

(2) The subsidy hereby granted is subject to the con-
dition that the construction of the railway is to be com-
menced within three months and completed within two
years from the passing of this Act, and is in other respects
subject to the conditions, so far as the same are applicable,
contained in The Act respecting Aid to Certain Railways,
passed in the first year of His Majesty's reign, chaptered 22.
12a s. (3)

1906.

STATUTE LAW AMENDMENT ACT.

Chap. 19

179

(3) Clause (2) of section 1 of The Act respecting Aid to \ ^ws. ^nc'i. 2,
Certain Railways, passed in the first jear of His Majesty's amended-
reign, chaptered 22, is amended by striking out the words ^ '° ^uce
and figures "13 miles, a cash subsidy of $3,000 a mile — Aigoma
$39,000" and substituting therefor the words and figures Rai,wa>-
"38 miles, a cash subsidy of $3,000 a mile— $114,000."

(4) The provisions of section 2 of chapter 35 of the Acts ^fjf^s^,
passed in the fifty-second year of the reign of Her late to aid.
Majesty Queen Victoria respecting the option of substi-
tuting half-yearly payments for forty years in lieu of a

cash payment for grants of $3,000 per mile and in pro-
portion for grants of $5,000 per mile and all the conditions
provided by section 3 of the said Act not inconsistent with
this Act shall apply to the grants of cash subsidies made
in this section.

CHAPTER

180 Chap. 20

THE COUNTY COURTS.

6 Edw. VII

CHAPTER 20.

An Act to amend The County Courts Act.

Assented to 27th April, 1906.

HIS MAJESTY, by and with the advice and consent
of the Legislative Assembly of the Province of
Ontario, enacts as follows : —

55 amended. 1. The County Courts Act is amended by adding thereto
the following section.

'togtriai1of High ^2<z. Notwithstanding anything in the preceding sec-
court^actions tion contained, in actions in the High Court of Justice,
.court, the County Court of the county, the county town of which

is named as the tdace of trial, shall have jurisdiction,
for the purpose of trial only, when the plaintiff and de-
fendant agree thereto at any time by a memorandum in
writing signed by them or their solicitors and filed in
the proper office at or before the time of setting the action
down for trial, but all proceedings in any action so tried
subsequent to the trial shall be had, taken and continued
in the High Court, and all costs, fees and disbursements
of the action, including those of the trial, shall be the
same as though the trial had taken place at a sitting of
the High Court of Justice.

(2) In case an action has been entered for trial in the
High Court of Justice the parties may by filing a memor-
andum as hereinbefore provided at any time before such
action has been tried transfer the same for trial only by
-the County Court as aforesaid.

CHAPTER

1906

UNORGANIZED TERRITORY.

Chap. 21

181

CHAPTER 21.

An Act to amend The Unorganized Territory Act.

Assented to 14th March, 1906.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
eancts as follows: —

1. Section 24 of The Unorganized Territory Act is amended Rev. stat.
by adding thereto the following subsection : amended24,

(3.) The Clerk of the Peace for the District shall attend Attendance of
the meetings of the selectors of jurors and in a book to be petceatseiec-
kept for that purpose, shall enter their proceedings and reso- tion o£ our°rs.
lutions, but he shall have no voice in the selection of jurors
and shall in no case advise or express an opinion whether
any name ought to be placed upon or omitted from the list
of jurors.

2. Inasmuch as doubts have arisen as to the validity of selection of
the last selection of jurors for the District of Parry Sound, JParr°rys sound
it shall be lawful for the selectors of jurors for the saidfor1^06-
District, and it shall be their duty to meet forthwith and

make a new selection of jurors for the present year, and the
selection, which shall be so made by them shall be the true
and only selection of jurors for the present year for the said
District.

CHAPTER

182

Chap. 22.

LIBEL AND SLANDER.

6 Edw. VII.

CHAPTER 22.

An Act to amend The Act respecting Actions of
Libel and Slander.

Assented to 14th May, 1906.

Rev. Stat. c. 68,
s. 1 amended.

Rev. Stat., c.
s. 8, subs. 1
repealed.

Reports of
proceedings,
public meet-
ings, etc.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1. Section 1 of The Act respecting Actions of Libel and
Slander is amended by striking out the words "twenty-six"
wherever they occur in the said section and inserting in
lieu thereof the words "thirty-one."

2. Subsection 1 of section 8 of The Act respecting
Actions of Libel and Slander is repealed and the following
substituted therefor : —

(1) A fair and accurate report published in any news-
paper of any proceedings in the Parliament of Canada, or
in any Legislative Assembly of any of the Provinces of the
Dominion of Canada, or of any Committee of said Parlia-
ment or of any of said Legislative Assemblies, or of a
Public Meeting, or (except where neither the public nor
any newspaper reporter is admitted) of any meeting of a
Municipal Council, School Board, Board of Education,
Provincial Board of Health, Medical Health Board, or any
other board or local authority formed or constituted under
any of the provisions of any Public Act of any Legislative
Assembly of any of the Provinces of the Dominion of
Canada or of the Parliament of Canada, or of any Com-
mittee appointed by any of the above-mentioned bodies,
and the publication of the whole, or a portion or a fair
synopsis, of any report, bulletin, notice or other document,
issued for the information of the public from any Govern-
ment Office or Department, or by any Provincial Board of
Health, Medical Health Board, or Medical Health Officer,
or the publication, at the request of any Government or
Municipal Official, Commissioner of Police, or Chief Con-
stable, of any notice or report issued by him for the infor-
mation of the public, shall be privileged, unless it shall
be proved that such publication was made maliciously;

provided

1906.

LIBEL AND SLANDER.

Chap. 22.

183

provided that nothing in this section shall authorize the
publication of any blasphemous or indecent matter ; pro- provi,
vided also that the protection intended to be afforded by
this section shall not be available as a defence in any pro-
ceeding, if the plaintiff can show that the defendant has
refused to insert in the newspaper making such publication
a reasonable letter or statement of explanation or contra-
diction by or on behalf of the plaintiff; provided, further,
that nothing in this section contained shall be deemed
or construed to limit or abridge any privilege now
by law existing, or to protect the publication of any mat-
ter not of public concern or the publication of which is not
for the public benefit.

CHAPTER

184

Chap. 23.

DEVOLUTION OF ESTATES.

6 Edw. VII.

CHAPTER 23.

An Act to amend The Devolution of Estates Act.

Assented to 14th May, 1906.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

Rev. Stat,
c. 127, s. 4,
amended.

1. Section 4 of The Devolution of Estates Act is amended
by adding thereto the following subsections : —

Who to be
defendants
in action for
foreclosure
-,vhen no per-
sonal represeu
tative of mort-
gagor.

Proviso.

(5) When there is no personal representative of a de-
ceased mortgagor of freehold land it shall be sufficient for
the purposes of an action for the foreclosure of the equity
of redemption in such land that the person beneficially
entitled under the last will and testament if any of the
deceased mortgagor, or under the provisions of this Act,
to such land or the proceeds thereof be made defendant to
such action, and it shall not be necessary that a personal
representative of the deceased mortgagor be appointed or
be made a defendant . thereto unless it shall be otherwise
ordered by the court in which the action is brought or a
judge thereof : Provided always that if a personal repre-
sentative of the deceased mortgagor shall be appointed
during the pendency of such action and such equity of
redemption shall devolve upon and become vested in him
he shall be made a party to such action.

" Mortgagor '
meaning of.

(6) The term "mortgagor" shall include the assignee of
a. mortgagor and any person entitled to or interested in
the equity of redemption in the mortgaged lands.

Rev. Stat.
C 127, s. 13,
subs. 1,
amended .

2. Subsection 1 of section 13 of The Devolution of Estates
Act is amended by adding after the words "disposed of" in
the second line thereof, the following words : "divided
between the persons beneficially entitled thereto under the
provisions of section 16 of this Act."

Rev. Stat,
c. 127. s. 16,
repealed.

3. Section 16 of The Devolution of Estates Act is repealed
and the following substituted therefor: —

1906.

DEVOLUTION OF ESTATES.

Chap. 23.

185

16.— (1) Subject to the provisions of sections 8 and 9 of lowers of

i • • ■ ' ■ i i executors tiiid

this Act, executors and administrators m whom the real administrators
and personal estate of a deceased person is vested under this an^conve/ing
Act shall have as full power to sell and convey such real real estate,
estate for the purpose not only of paying debts, but also of
distributing or dividing the estate among the parties bene-
ficially entitled thereto whether there are debts or not as
they have in regard to personal estate, and in no case shall
it be necessary that the persons entitled to such real estate
as heirs or devisees shall concur in any such sale except
where the sale is made for the purpose of distribution only. w

(2) No sale of any such real estate made for the purpose ^h^r? and
of distribution only shall be valid as respects any heirs or devisees,
devisees beneficially entitled thereto unless such heirs and
devisees concur therein : Provided always that where lun- tanatasTnd
atics are beneficially entitled as heirs or devisees or where "^""1°^"^
there are other heirs or devisees who do not concur in the devisees,
sale by reason of their place of residence being unknown or

where in the opinion of the Official Guardian appointed
under The Judicature Act it would for any reason be incon-
venient to require the concurrence of such heirs or devisees
or where in his opinion it would be advisable to dispense
with 'such concurrence, the Official Guardian may, upon
proof satisfactory to him that such sale is in the interest and
to the advantage of the estate of such deceased person and
the persons interested therein, approve such sale on behalf
of such lunatics, non-concurring heirs and devisees and any
such sale made with the written approval of the Official
Guardian aforesaid shall be valid and binding upon such
lunatics, non-concurring heirs and devisees to all intents
and purposes whatsoever; and for this purpose the Official
Guardian aforesaid shall have the same powers and duties
as he has in the case of infants.

(3) Such executors and administrators shall also have ^ewceurtsor°f and
power with the concurrence of the persons beneficially *g ^j^Jj1,01'8
entitled thereto, or where there are infants or lunatics, with estate among
the approval of the Official Guardian aforesaid, to divide entnied.
the said estate of such deceased person or any portion or
portions thereof amongst the persons entitled thereto accord-
ing to their respective shares and interests therein, and the

power of division conferred by this subsection may also be
exercised although all the persons beneficially interested
do not concur, if the Official Guardian signifies his approval
in manner aforesaid, and the Official Guardian may approve
any such division on behalf of non-concurring heirs or
devisees under the same conditions and with the same effect
as in the case of a sale under subsection 2 of this section.

Section not to

(4) This section shall not apply to any administrator ^£tK

where the letters of administration are limited to the per- ^mimstrators

rog-"
ate

sonal estate, exclusive of the real estate, and shall not derog- estafeoniy!

186

Chap. 23.

DEVOLUTION OF ESTATES.

6 Edw. VII.

ate from any right possessed by an executor or adminis-
trator independently of this Act.

17^*8 VI1'' ° ^' Section 8 of the Act passed in the second year of the
pealed. reign of His Majesty King Edward the Seventh, Chap-

tered 17, intituled An Act to further amend The Devolu-
tion of Estates Act, is hereby repealed.

5. Section 12 of the Act passed in the second year of the
reign of His Majesty King Edward the Seventh, Chap-
tered 17, intituled An Act to farther amend The Devolu-
tion of Estates Act, is amended bj striking out the words
"within the said year" in the ninth line thereof and the
words "shall have caused" in the ninth and tenth lines
thereof and by inserting after the word "administrators"
in the ninth line thereof the word "cause."

[Note. — This Act will not come into force until Pro-
clamation by Lieutenant-Governor in Council. See Cap.
19, sec. 18.1

2 Edw. VII.,
c. 17, s. 12
amended^

Real estate of
of persons
dying between
1st July 1886,
and 4th May,
1891.

CHAPTER

1906.

MEDICINE.

Chap. 24. 187

CHAPTER 24.

An Act to amend The Ontario Medical Act.

Assented to 27th April, 1906.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : — ■

1. Section 27 of The Ontario Medical Act is amended by Rev.stat.,
striking out the word "or" where it occurs before the word amVnd'^d2''
"Kingston" in the seventh line of the said section, and by
adding after the word "Kingston" in the seventh line of Place for

ii -i ,i j u j t J " holding exam-

ine said section the words and London. inations.

CHAPTER

188

Chap. 25.

PHARMACY.

6 Edw. VII

CHAPTER 25.

An Act to further amend The Pharmacy Act.

Assented to 27th April, 1906.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

cer/sa26 Section 26 of The Pharmacy Act as amended by

amended. 5 Edward VII., Chapter lb, Section 9 is further amended by
inserting after the word "title" in the twelfth line of
the said section 26, the following words: —

"And no company incorporated under any of the Acts
in force regulating Joint Stock Companies shall sell or
keep open shop for retailing, dispensing or compounding
poisons, drugs or medicines, as aforesaid, or sell or at-
tempt to sell any of the articles mentioned in Schedule
"A" to this Act, unless a majority of the directors thereof
are duly registered as pharmaceutical chemists or chemists
and druggists under this Act, and unless one of such
directors shall personally manage and conduct such shop,
and shall have his name and certificate posted up in a
conspicuous position in the shop, and no person not so
registered as a pharmaceutical chemist or chemist and
druggist shall in any way interfere with or take part in
the management and conduct of such shop, and
anything which would be an offence under this Act if com-
mitted by an individual shall be an offence by each of
such registered directors, and by such company, and the
prosecution of either of them shall not be a bar to the
prosecution of the other."

meTofTet 2. This Act shall not come into force until the first day
of August, 1906.

CHAPTER

1906.

STATIONARY ENGINEERS.

Chap. 26 189

CHAPTER 26.

An Act to amend The Act respecting Stationary
Engineers.

Assented to 14th May, 1906.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. The Act respecting Stationary Engineers is amended Rev^n*..^
by adding thereto the following sections :

20. There shall be a Board of Examiners for the examin- Board of ex-
ation of Stationary Engineers, which shall consist of twelve appointed,
persons to be appointed, from time to time, by the Lieuten-
ant-Governor in Council, and one member shall be appoint-
ed Chairman of the said Board.

21. Any five members of the Board of Examiners shall Quorum
form a quorum.

22. — (1) Every member of the Board of Examiners shall Term of office,
hold office for a period of three years at the pleasure of the
Lieutenant-Governor in Council, but shall be eligible for re-
appointment.

(2) In case of a vacancy by death, resignation or any
other cause the Lieutenant-Governor shall appoint a new
member to fill the vacancy for the unexpired portion of
the three years.

23. The Board of Examiners shall appoint, from time to secretary,
time, some person to act as its secretary.

24. The Board of Examiners may make regulations, from Regulations of
time to time, subject to the approval of the Lieutenant-
Governor in Council :

Board .

(1) For the examination of candidates presenting them-
selves for certificates of qualification under this Act, for
prescribing the subjects in which such candidates shall be

examined,

190

Chap. 26.

STATIONARY ENGINEERS.

6 EDW. VII

examined, and the time and place for holding such exam-
inations, and the proof to be furnished by candidates as to
capacity, sobriety and good character, and the issuing
by The Board of Examiners of certificates of qualification
under this Act.

(2) For fixing the fees to be paid by such candidates upon
any such examination or on any certificate granted by The
Board of Examiners, and for fixing the annual fee pay-
able for the renewal of any such certificate.

(3) For prescribing the causes for which any such certifi-
cate may be revoked, cancelled or suspended.

a register in which shall be entered the name of every
person to whom a certificate of qualification is granted
under this Act, together with the date of the same.

26. No person who is not the holder of a certificate of
qualification under this Act shall operate or have charge
for more than 30 days at any one time of any steam
plant operating an engine of 50 horse power or over
in the Province of Ontario after the first day of July, 1907,
nor shall any person after the said date employ any per-
son who is not the holder of such certificate to operate
or have charge of any such steam plant.

Penalty. 27. Every person guilty of a violation of the preceding

section shall, upon summary conviction thereof before one
or more Justices of the Peace, incur a penalty of not less
than $10 nor more than $25, besides costs.

who e^ntnied^ 28. Every engineer who, at the time of the passing of this
out examina- Act shall hold a certificate from the Ontario Associa-
tlon" tion of Stationary Engineers or who shall be in charge

of any steam plant coming under the provisions of this
Act, or who has had at least two years' experience in the
operation of such a steam plant, and who applies to the
Board of Examiners for such a certificate of qualification
before the first day of July, 1907, shall, upon furnish-
ing such evidence of good character as The Board of
Examiners may require, and upon payment of the pre-
scribed fee, be entitled to receive a certificate of qualifica-
tion from the Board of Examiners.

Appeal to 29. Any person who feels himself aggrieved by the deci-

AgricuUure. sion of the Board of Examiners may appeal therefrom to
the Minister of Agriculture, upon giving such notice as
the Minister may prescribe, and the decision of the Min-
ister of Agriculture shall be final.

Unqualified
persons not to
operate steam
plant.

1906. STATIONARY ENGINEERS. Chap. 26 ]91

30. The Board of Examiners shall make a report in writ- Boanfto'
ing to the Minister of Agriculture on or before the 31st ^"-^t ,°fe
day of December in every year showing :

(a) The number of certificates granted by them during

the preceding year, and the persons to whom
the same were granted ;

(b) The number of applications for certificates refused

during the preceding year and the causes for
refusal ; v

suspended during the preceding year, and the
causes for the same;

(d) The amount of fees received by them from candi-

dates or holders of certificates during the pre-
ceding year;

(e) Tfie travelling and other expenses of the Board of

Examiners and the Secretary, the fees, salary
or other remuneration received by the Board
of Examiners and the Secretary;

if) Upon such other matters as may be directed by the
Minister of Agriculture or the Lieutenant-Gov-
ernor in Council.

31. The receipts and expenses of the Board of Examin- Audit of re-
ers shall be audited by a chartered accountant, not a member ptoses of BoaVd
of the Board of Examiners, and the fees, salary or other
remuneration paid to the Board of Examiners, and the
Secretary shall be paid out of the fees received from can-
didates and others, and shall in all cases be subject to the
approval of the Minister of Agriculture.

32. The certificate held by any person under this Act certificates to
shall at all times be exposed to view in the engine or boiler engineToom11
room in which such person is employed, and failure to keep

such certificate exposed shall be -prima facie evidence of the
lack of qualification under this Act.

2. Sections 16, 17 and 18 of the said Act are repealed. Rev. stat.,c.

r 185, ss. 16, 17

and 18, repeal-

3. Section 19 of the said Act is amended by adding at ed'

the end thereof the words "but nothing in this Act con- Rev. stat. c.
tained shall apply to the operation of any steam plant oper- amended,
ating an engine of less than fifty horse power.

CHAPTER

192

Chap. 27. PROSPECTUSES ISSUKD BY COMPANIES. t> Ee>W. VII.

CHAPTER 27.

An Act respecting" Prospectuses issued by
' Companies.

Assented to 27th April, 1906.

HIS MAJESTY, by and with the advice and consent
of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

meanin|CofS 1. — (1) In this Act the word "prospectus" shall mean
any prospectus, notice, circular, advertisement or other
invitation offering for subscription or purchase any shares,
debentures or other securities of a company, and the word
"company" shall mean any company incorporated or pro-
posed to be incorporated.

(2) This Act shall apply to every company whether
formed before or after the commencement of this Act which
offers for subscription or sale shares, debentures or other
securities and to every company whether incorporated under
the laws of the Province of Ontario or otherwise, the shares,
debentures or other securities of which are dealt in within
the Province of Ontario.

commissions. 2. — (1) Upon any offer of shares to the public for sub-
scription, it shall be lawful for a company to pay a com-
mission to any person in consideration of his subscribing
or agreeing to subscribe, whether absolutely or condition-
ally, for any shares in the company, or procuring or agree-
ing to procure subscriptions, whether absolute or condi-
tional, for any shares in the company, if the payment of
the commission and the amount or rate per cent, of the
commission paid or agreed to be paid are respectively
authorized by the letters patent or supplementary letters
patent and disclosed in the prospectus, and the commission
paid or agreed to be paid does not exceed the amount or
rate so authorized.

be applied in° ^ Save as aforesaid, no company shall apply any of its
paying com- shares or capital money either directly or indirectly in

missions except a j« • • t j li •

as authorized, payment o± any commission, discount or allowance, to any

person

1906

PROSPECTUSES ISSUED BY COMPANIES. Chap. 27.

193

person in consideration of his subscribing or agreeing to
subscribe, whether absolutely or conditionally, for any
shares of the company or procuring or agreeing to procure
subscriptions whether absolute or conditional, for any shares
in the company, whether the shares or money be so applied
by being added to the purchase money of any property
acquired by the company or to the contract price of any
work to be executed for the company, or the money be
paid out of the nominal purchase money or contract price, v
or otherwise.

(3) Nothing in this section shall affect the power of bep^Yd86 may
any company to pay such brokerage as it has heretofore
been lawful for a company to pay.

3. — (1) Every company heretofore or hereafter incor- what com-
porated under any general or special Act of the Legisla- tile prospec-
ture of the Province of Ontario, which increases the num- tuses'

ber of its shareholders to a number greater by ten than the
number of applicants for incorporation or which has its
debentures or other securities held by more than ten per-
sons, and every company incorporated otherwise than as
above set out which has more than ten shareholders or
holders of debentures or other securities within the Pro-
vince of Ontario, shall fyle a prospectus in the manner
hereinafter set forth.

(2) All sales, subscriptions or other dispositions of
shares, debentures or other securities of any company re-
quired in the manner above provided to fyle a prospectus,
shall be deemed as against the company or the signatories to
the prospectus to be induced by such prospectus, and any
term, proviso or condition of such prospectus to the con-
trary shall be void.

(3) No subscription for stock, debentures or other securi-
ties, induced or obtained by verbal representations, shall
be binding \ipon the subscriber, unless prior to his so sub-
scribing he shall have received a copy of the prospectus.

4. — (1) Every prospectus issued by or on behalf of aDateof
company or in relation to any intended company shall be prospectus,
dated, and that date shall, unless the contrary be proved,

be taken as the date of publication of the prospectus.

(2) A copy of every such prospectus shall be signed by prospectus to
every person who is named therein as a director or pro- |\^d and
posed director or provisional director of the company, or

by his agent authorized in writing, and shall be filed with
the Provincial Secretary, on or before the date of its pub-
lication.

(3) The Provincial Secretary shall not receive or fyle any Not to be
prospectus unless it is so dated and signed. No prospectus ]\\"£'. un 1
shall be issued until so filed, and every prospectus shall

state on the face of it that it has been so filed.

13 s. 5-

194

Chap 27. PROSPECTUSES ISSUED BY COMPANIES. 6 EDW. VII.

Particulars as
to incor-
porators.

Qualification
and remunera-
tion of
directors.

Directors .

Subscription
upon which
allotment may
proceed.

disclos^in 5. — (1) Every prospectus issued by or on behalf of a
prospectus. company or in relation to any intended company or by or
on behalf of any person who is or has been engaged or
interested in the formation of the company, shall state : —

(a) The names, descriptions and addresses of the orig-
inal incorporators, and the number of shares
subscribed for by them respectively;

(6) The number of shares, if any, fixed as the qualifi-
cation of a director, and any provision in the
by-laws of the company as to the remuneration
of the directors ;

(d) The minimum subscription on which the directors
may proceed to allotment, and the amount pay-
able on application and allotment on each share ;
and, in the case of a second or subsequent offer
of shares, the amount offered for subscription
on each previous allotment, and the amount
actually allotted;

(e) The time or times at which under the by-laws of
the company a further call or calls may be made
upon shares subscribed for.

(/) The number and amount of shares issued, or agreed
to be issued, as fully or partly paid up other-
wise than in cash, and in the latter case the
extent to which they are so paid up, and the
number and amount of bonds, debentures or
other securities issued or to be issued and
allotted to any person;

(g) The names and addresses of the vendors of any
property purchased or acquired by the com-
pany, or proposed so to be purchased or acquired,
which is to be paid for wholly or partly out of
the proceeds of the issue offered for subscription
by the prospectus, or the purchase or acquisi-
tion of which has not been completed at the
date of publication of the prospectus and the
amount payable in cash, shares, bonds, deben-
tures or other securities Ac -"j&dor, "*ad
where there is more than one separate vendor,
or the company is a sub-purchaser, the amount
so payable to each vendor;

(h) The amount (if any) paid or payable as purchase
money in cash, shares or debentures of any such
property as aforesaid, specifying the amount
payable for good-will ;

13a s. (i)

Shares and
bonds allotted
for other than
cash considera-
tion.

Vendors of
property to
company.

Consideration
for purchase
Commissions.

1908.

PROSPECTUSES ISSUED BY COMPANIES. Chap. 27.

195

(i) The amount (if any) paid or payable as commission
for subscribing, or agreeing to subscribe, or
procuring or agreeing to procure subscriptions
for any shares in the company, or for under-
writing or procuring the underwriting of any
securities issued or to be issued by the com-
pany or the rate of any such commission ;

(;) The amount or estimated amount of preliminary ex^^ses"3'
expenses ;

(k) The amount paid or intended to be paid to any Promoter's

x/ j it • i j • p i remuneration.

promoter and the consideration for any such
payment ;

(/) The dates of and parties to every material con- Particulars as

■ to mtLtcri&l

tract, and a reasonable time and place at which contracts,
any material contract or a copy thereof may
be inspected; provided that this requirement
shall not apply to a contract entered into in the
ordinary course of the business carried on or
intended to be carried on by the company, or
to any contract entered into more than three
years before the date of publication of the
prospectus ;

(m) The names and addresses of the auditors (if any) Names, etc ,
of the company;

(n) Full particulars of the nature and extent of the J.nterfst °.f

directors in

interest (if any) of every director in the promo- property
tion of or in the property proposed to be acquired company,
by the company, with a statement of all sums
paid or agreed to be paid to him in cash or
shares by any person either to qualify him as a
director or otherwise for services rendered by
him in connection with the formation of the
company.

(2) For the purposes of this section the word "vendor" ^ha"^"
shall extend to and include a vendor who has entered into include,
any contract, absolute or conditional, for the sale or pur-
chase or for any option of purchase, of any property to be
acquired by the company in any case where —

(a) The purchase money is not fully paid at the date
of publication of the prospectus; or

(6) The purchase money is to be paid or satisfied wholly
or in part out of the proceeds of the issue offered
for subscription by the prospectus; or

(3) Where any of the property to be acquired by the when " ven-
company is to be taken on lease, this section shall apply as "°essOT."UdeR
if the expression "vendor" included the lessor, and the

expression

196

Chap. 27. PROSPECTUSES ISSUED BY COMPANIES. 6 El)W. VII.

expression "purchase money" included the consideration
for the lease, and the expression "sub-purchaser" included
a sub-lessee.

Application of (4) This section shall not apply to a circular or notice

section ■ • .

inviting existing shareholders or debenture holders of a
company to subscribe for further shares or debentures; but
subject as aforesaid, this section shall apply to any pros-
pectus whether issued on or with reference to the formation
of a company or subsequently; provided that —

(a) The requirements as to the original incorporators
and the qualification, remuneration, and inter-
est of directors, the names, descriptions and
addresses of directors or proposed directors, and
the amount or estimated amount of preliminary
expenses, shall not apply in the case of a pro-
spectus published more than one year after the
date of the first general meeting, and

(6) In the case of a prospectus published more than
one year after the date of such meeting, the
obligation to disclose all material contracts shall
be limited to a period of two years immediately
preceding the publication of the prospectus.

piiance with"1' Any condition requiring or binding any applicant for

section to be shares or debentures to waive compliance with any require-
ment of this section, or purporting to affect him with notice
of any contract, document or matter not specifically referred
to in the prospectus, shall be void.

tus advertised" (6) Where any such prospectus as is mentioned in this
in newspaper, section is published as a newspaper advertisement, it shall
not be necessary to specify the names of original incorpor-
ators and the number of shares subscribed for by them.

' 6. — (1) Every provisional director, director or other per-
son Responsible for the issue and publication of such pros-
pectus shall for every violation of the provisions of the
next preceding three sections be liable on summary con-
viction to a penalty not exceeding $200 and costs, pro-
vided that no provisional director, director or other person
shall incur any liability by reason of non-compliance with
the said section,

(a) As regards any matter not disclosed, if he was not

cognizant thereof, or

(b) if the non-compliance arose from an honest mistake

of fact on his part,

And provided that in the event of non-compliance with
the requirements contained in paragraph (n) of

subsection

1906.

PROSPECTUSES ISSUED BY COMPANIES. Chap. 27.

197

subsection 1 of section 5, no director or other
person shall incur any liability in respect of such
non-compliance unless it is proved that he had
knowledge of the matters not disclosed.

(2) Nothing in this section or the said preceding three Liability under
sections shall limit or diminish any liability which any per- lot affected,
son may incur under the general law apart from this Act.

7. — (1) Where any' advertisement, letter-head, account capitarto be
or document issued or published by any corporation or any ^advertise-16
officer, agent or employe of any such corporation, purports men*'"t,tc-
to state the capital of the corporation, then the capital
actually and in good faith subscribed and no mare shall be
so stated;

(2) Any such corporation, officer, agent or employee who Penalty,
causes to be inserted an advertisement or who publishes,
issues or causes to be published or issued any advertise-
ment, letter-head, account or document which states, as

the capital of such corporation any larger sum than the
amount of such subscribed capital so actually and in good
faith subscribed as aforesaid, or which contains any false
statement as to the incorporation, control, supervision,
management or financial standing of such corporation shall
be liable, upon summary conviction, to a penalty not
exceeding $200 and costs and not less than $50 and costs.

(3) Any one may be prosecutor or complainant under who may
this Act, and one-half of any fine imposed by virtue of this application
Act, shall, when received, belong to His Majesty for the penalty- -
use of the Province and the other half shall belong to the
prosecutor or complainant.

CHAPTER

198

Chap. 28.

EOAD COMPANIES.

Edw. VII.

CHAPTER 28.

An Act to amend The General Road Companies Act.

Assented to 14th May, 1906.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows :

awf&Vi 1- Section 74 of The General Road Companies Act is
amended. amended by adding at the end thereof the following
paragraph : —

Exemption of 10. Every person with a vehicle laden solely with straw
loaded with°les and carrying such straw from any township to any city,
straw. town or incorporated village for the purpose of exchanging

the same for manure to be brought back the same day, and
the horse or horses or other beasts of draught drawing such
vehicle passing any turnpike, gate or toll gate on such road
within twenty miles of such city, town or incorporated vil-
lage as well in going to such city, town or incorporated
village as in returning therefrom, if the vehicle be then
laden solely with manure.

CHAPTER

1906.

GAS AND WATER COMPANIES.

Chap. 29.

199

CHAPTER 29.

An Act to] amend The Act respecting Joint Stock
Companies for supplying Cities, Towns and v
Villages with Gas and Water.

Assented to 14th May, 1906.

HIS MAJESTY, by and with the advice and consent
of the Legislative Assembly of the Province of
Ontario, enacts as follows : —

1 . Section 1 2, of The Act respecting Joint Stock Companies f^m^n
for Supplying Cities, Towns and Villages with Gas and amended. '
Water, as amended by section 1 of chapter 17 of the Acts
passed in the fifth year of His Majesty's reign, is further
amended by adding after the word " placed " in the second
line of the said section, the following words : " or any
municipality lying adjacent to or adjoining a municipality Municipalities
in which such works are erected or placed, may, subject to ^companies,
the provisions of clause a of section 700, of The Consoli-
dated Municipal Act, 1903, as to obtaining the assent of the
ratepayers, guarantee the payment of the bonds or deben-
tures of such company or "

CHAPTER

200 Chap. 30.

RAILWAYS.

6 Edw. VII.

CHAPTER 30.

An Act respecting Steam, Electric and Street
Railways.

Assented to 14th May, 1906.

Short Title, s. 1.
Interpretation, s. 2.
Application of Act, ss. 3, 4.
Incorporation, s. 5.
Organization of the Company,
ss. 6-49.
Offices, s. 6.

Provisional Directors, s. 7.
Capital, b. 8.
Increase of Capital, s. 9.
General Meetings, (Annual and

Special), ss. 10-13.
President and Directors, ss. 14-23.
Calls, s. 24.

Shares and transfer of, ss. 25-34.
Shareholders, ss. 35-37.
Preference Stock, s. 38.
Dividends and Interest, ss. 39-42.
Bond, Mortgages and Borrowing

Powers, ss. 43-49.
Powers, ss. 51-58.
General, ss. 51-55.
Telegraph and telephone lines,

s. 56.

Interchange of traffic, s. 57.

Amalgamation and running ar-
rangements, s. 58.
Plans and Surveys, s. 59.

Taking of lands without consent
of owner, ss. 60-68.

Gravel pits, etc., s. 69.

Switches and sidings to indus-
tries, s. 70.

Purchase of more land than
necessary, s. 71.

Snow Fences, etc., s. 72.

Use of adjacent lands during con-
struction, s. 73.

Proceedings where more space
required, s. 74.
Construction of Railway, ss. 80-
86.

Guage, s. 75.

Trains, Cars and Appliances,
ss. 76-82.

Road Bed and Adjacent Lands,
ss. 83-113.
Frogs, Packing, etc., s. 83.
Drainage, ss. 84-85.
Farm Crossings, s. 86.
Fences, Gates and Cattle Guards,
8-87.

Bridges, Tunnels and other

structures, se. 88, 89.
Highway Crossings, ss. 90-97.
Crossings and Junctions, s. 98.
Mines and Minerals, ss. 99-104.
Weeds on Companv's Land,

s. 105.

Fires, prevention of and liabilitv

for, s. 106.
Construction of Road by sections,

ss. 107-109.
Compensation to owners of

lands adjoining highways, s.

Limitation of time for construc-
tion, s. 111.

Use of Steam during construc-
tion, s. 112.

Contracts for construction, s 113.
Operation of the Railway, ss.
114-129.

Regulations governing the run-
ning of trains, ss. 114-126.

Sleeping and Parlor Cars, s. 127.

Stations and Accomodations, s.
128.

Blackboards as to Trains on Time,
s. 129.

Municipal Bonuses and Loan,
ss. 130-148.
Exemptions from Taxation, s.149.
By'-laws, Rules and Regulations.
ss. 150, 159, 161.
Notices of By-laws, etc., s. 160.
Inspection of Railways, ss, 162-
168.

Inspecting Engineers, s. 162.
Inspection of Line, ss. 163-167.
Inspection not relieve from liabi-
lity, s. 168.
Tolls, ss. 169-178.
By-laws as to, s. 169.
Collection of Tolls, s. 170.
Passenger Fares on Electric

Roads, s. 171.
Board and Members of Legisla-
ture to be carried free, s. 172.
Discrimination, ss. 173-178.
Railway Constables, ss. 179-188.
Passenger Conductors to have
power as Constables, ss. 185-
188.

Street

1906. railways. Chap. 30. 201

Street Railways and Railways
Operating on Highways, ss.
189-221.

General Provisions, ss. 189-192.
Sunday Cars, s. 193.
Guardwires, ss. 194-195.
Forfeiture by Non-user, s. 196.
Additional Powers of Electric

Street Railways, ss. 197-199,

200.

Notice of By-laws granting fran-
chise, s. 198.

Expropriation by Street Railway
Companies, s. 201.

Duration of Street Railway
Franchises, ss. 202-207.

Duration of Privileges to Operate
Electric Railwavs on highways,
s. 208.

Fenders, Brakes, etc., ss. 209-
212.

Lavatories, etc., ss. 213, 214.

Unclaimed Property, s. 215.

Transfer in Ownership of High-
ways, s. 216.
Agreements with Municipalities
for Operating on Highways,
ss. 217-220.

Model Agreements, s. 217.
Radial Lines, s. 218.
Examination of Motormen, s.
221.

Examination for Colour Blind-
ness, s. 222.

Actions for Damages, s. 223.

Agreements Waiving Rights to
Damages, etc., s. 224.

Wages of Labourers ox Sub-
sidized Lines, s. 225.

Lien for Wages, s. 226.

Hours of Labour, s. 227.

Returns, ss. 228-236.

Investigation of Accidents, s.
237.

Animals at Large, s. 238.
Offences and Penalties, ss. 239-
255.

Recovery on Payment of Penal-
ties, ss. 253-255.

Transmission of Power on Right
of Way, s. 256.

Use of Railway by Dominion
Government, s. 257.

Conveyance of Land, s. 258.

Repeal of Former Enactments,
s. 259.

HIS MAJESTY, by and with the advice and consent
of the Legislative Assembly of the Province of On-
tario, enacts as follows :

SHORT TITLE.

1. This Act may be cited as "The Ontario Railway Act, ^hort title.
1906."

INTERPRETATION .

2. Where the words following occur in this Act, and in in terpretation
the special Act incorporating any Railway or Street Rail-
way Company, they shall be construed in the manner here-
inafter mentioned, unless a contrary intention appears:

(1) "The Special Act," shall be construed to mean any ^The special
Act authorizing the construction of or otherwise speci-
ally relating to a railway or street railway, whether
operated by steam, electricity or other motive power,

and with which this Act is incorporated; and in all
cases where this Act is made applicable to street railways
or street railway companies the words "the special Act"
shall include a charter of incorporation of a street railway
company under the Great Seal of the Province of Ontario ;
or supplementary letters patent relating to such a company.

(2) "Prescribed," used in this Act in reference to any prescribed ."
matter herein stated, shall be construed to> refer to such

matter as the same is prescribed or provided for in the
special Act; and the sentence in which such word occurs
shall be construed as if, instead of the word "prescribed,"
the expression "prescribed for that purpose in the special
Act" had been used;

(3)

202

Chap. 30.

RAILWAYS .

6 Edw. VII.

1 The Lands.

•'The Under-
taking."

" Board."

" By-law."

" Costs."
" Lands."

" Lease."
"Toll."

" County.

'■ County Com
Judge."

" Highway.'

" Street."
"Sheriff "

•' Clerk of the
Peace."

' Goods.'

' Justice.'

(3) "The Lands" shall mean the lands which by the
special Act are authorized to be taken or used for the pur-
poses thereof;

(4) "The Undertaking" shall mean the railway and

works of whatever description, by the special Act author-
ized to be executed.

(5) "Board" shall mean "The Ontario Railway and
Municipal Board."

(6) "By-law," when referring to the act of the com-
pany shall include a resolution ;

(7) "Costs" shall include fees, counsel fees, and expenses;

(8) "Land" or "lands" shall include all real estate, mes-
suages, lands, tenements and hereditaments of any tenure;

(9) "Lease" shall include any agreement for a lease;

(10) "Toll" shall include any rate or charge or other
payment payable under this Act or the special Act for any
passenger, animal, carriage, goods, merchandise, articles,
matters or things conveyed on the railway ;

(11) "County" shall include any union of counties, and

any provisional judicial district;

1 (12) "County Court Judge" shall include a Judge of &•
District Court ;

(13) "Highways" shall mean any public road, street,
lane, and other public way or communication;

(14) "Street" shall include any highway.

(15) "Sheriff" shall include the Deputy Sheriff; and
where any matter in relation to any lands is required to be
done by any Sheriff or Clerk of the Peace, the expression
"the Sheriff," or the expression "Clerk of the Peace" shall,
in such case, be construed to mean the Sheriff or Clerk of
the peace of the district, county, city, or place where such
lands are situate; and if the lands in question, being the
property of one and the same person, are situate not wholly
in one district, county, city, or place, the same expression
shall be construed to mean the Sheriff or Clerk of the Peace
of any such district, county, city, or place where any part
of such lands is situate;

(16) "Goods" shall include personal property of eve^
description that may be conveyed upon the railway, or
upon steam vessels, or other vessels connected with the rail-
way ;

(17) A "Justice" shall mean Justice of the Peace or Sti-
pendiary or Police Magistrate acting for the district, coun-
ty,

1906.

1( AIL WAYS.

Chap. 30.

203

ty, city, or place where the matter requiring the cognizance
of a Justice arises, and who is not interested in the matter;
and where the matter arises in respect of lands being the
property of the same person, situate not wholly in any one
district, county, city or place, the word "Justice" shall
mean a Justice or Stipendiary or Police Magistrate acting
for the district, county, city or place where any part of such
lands is situate, and who is not interested in such matter ;

(18) "Owner" (where, under the provisions of this Act "Owner."
or the special Act, any notice is required to be given to the
owner of any lands, or where any act is authorized or re- k
quired to be done with the consent of any such owner)

shall be understood to mean any corporation or person who,
under the provisions of this Act or the special Act, or any
Act incorporated therewith, would be enabled to sell and
convey lands to the company;

(19) "The company" shall mean the company or per- " The-Com-
son authorized by the special Act to construct the rail- p

way or street railway (if the section of the Act in which
the words occur is applicable by its terms to street rail-
ways), and shall include all persons or corporations leas-
ing or operating any railway.

(20) "The railway" shall mean the railway and works ..Tne Kail.
by the special Act authorized to be constructed; vvay-'

(21) "Street railway" shall mean a railway constructed " street Bail-
or operated along a highway under or by virtue of an way'
agreement with or by law of a city or town, and shall
include all portions of such railway within such city or

town and for one and a half miles beyond the limits there-
of. Although such one and a half miles may be constructed
under a b\-law of, or agreement with a municipality, other
than such city or town.

(22) "Shareholder" shall mean every subscriber to orjj.^aJ*
holder of stock in the undertaking, and shall extend to

and include the personal representatives of the share-
holder.

(23) "Inspecting engineer" shall mean an engineer who is "inspecting
directed by the Board to examine any railway or works, englIleer-
and shall include two or more engineers when two or more

are so directed ;

(24) "Working expenses" shall mean and include all ex- "Working
penses of maintenance of the railway, and all such tolls, expenses-
rents or annual sums as are paid in respect of property
leased to or held by the company, apart from the rent

of any leased line, or in respect of the hire of rolling
stock, let to the company; also all rent charges or inter-
est

204

Chap. 30.

RAILWAYS.

6 Edw. VII.

est on the purchase money of lands belonging to the com-
pany purchased but not paid for or not fully paid for; and
also expenses of or incidental to working the railway, and
the traffic thereon, including all necessary repairs and
supplies to rolling stock while on the lines of another
company; also rates, taxes, and insurance; also, all salaries
and wages of persons employed in and about the working of
the railway and traffic; and all office and management ex-
penses, including directors' fees, agency, legal and other like
expenses ; also all costs and expenses of and incidental to the
compliance by the company with any order of the Board
under this Act; and generally all such charges, if any, not
above otherwise specified, as in all cases of English railway
companies are usually carried to the debit of revenue as
distinguished from capital account;

Traffic. (25) "Traffic" shall include passengers, goods and rolling

stock.

"Train." (26) "Train" shall include any engine, motor car or other

rolling stock;

stock1"161 "Rolling stock" shall mean and include any locomo-

tive, engine, motor, car, tender, snow plough, Sanger, and
every description of car or of railway equipment designed
for movement, on its wheels, over or upon the rails or
tracks of the company;

"secretary." (28) "Secretary" shall mean the Secretary of the Board.

APPLICATION OF ACT.

Application
of Act.

3. — (1) This Act shall, unless otherwise expressed, apply
to all persons, companies, railways (other than Government
railways) and (when so expressed) to street railways
within the legislative authority of the Legislature of On-
tario, and whether such railways are operated by steam,
electricity or other motive power, and whether constructed
and operated on highways or on lands owned by the com-
pany or partly on highways and partly on such lands, and
shall be incorporated and construed, as one Act, with the
special Act, subject as herein provided.

Application to (2) No section of this Act shall apply to street railways

street railways. \ ' , 1 • i i

unless it is so expressed and provided.

Any section
may be ex-
cepted by
Special Act.

4. Any section of this Act may, by any special Act
passed by the Legislature, be excepted from incorporation
therewith, or may thereby be extended, limited or quali-
fied. It shall be sufficient, for the purposes of this sec-
tion, to refer to any section of this Act by its number
merely.

1906.

RAILWAYS.

Uhap. 30.

205

5. If in any special Act heretofore passed by the Legisla- or may be
ture it is enacted that any provision of The Railway Aol ofu

mi ted or

Ontario or of The Electric Railway Act, or of ThevxMaeA-
Street Railway Act in force at the time of the passing of
such special Act, is excepted from incorporation therewith, as to exeep-
or if the application of any such provision is, by such PV°evtoustc
special Act, extended, limited or qualified, the correspond- this Act-
ing provision of this Act shall be taken (to be excepted, conflict^. g
extended, limited or qualified, in like manner; and unless Act and
otherwise expressly provided in this Act or the special sPeoml Act-
Act this Act shall apply to every railway company in-
corporated under a special Act or any public Ac't of this
Province, and the sections expressly made applicable shall
apply to every street railway company so incorporated,
but where the provisions of the special Act and the pro-
visions of this Act are inconsistent the special Act shall
be taken to over-ride the provisions of this Act so far as
is necessary to give effect to such special Act.

ORGANIZATION OF THE COMPANY.

Offices.

6. The head office of the company shall be in the Head office-
place designated in the Special Act, but the company
may, by by-law, from time to time, change the location change of
of its head office to any place in Ontario, notice thereof locatlon-
to be given to the Secretary of the Board who shall keep
a register for the purpose.

Provisional Directors.

7. — (1) The persons mentioned by name as such in the doctors al
Special Act are hereby constituted provisional directors
of the company, and of such provisional directors a major- ^°„my
ity shall be a quorum, and the said provisional directors,
shall hold office as such until the first election of directors,
and may forthwith open stock books and procure subscrip- powers,
tions of stock for the undertaking, and receive payments
on account of stock subscribed and make calls upon
subscribers in respect of their stock, and sue for and Deposit of
recover the same, and receive for the company any moneys-
grant, loan, bonus or gift made to it or in aid of the un-
dertaking and enter into any agreement authorized by
this Act or by the Special Act with the person or
corporation making such grant, loan, bonus or gift res-
pecting the condition or disposition thereof and cause
plans and surveys to be made, and deposit in any charter-
ed bank of Canada having an office in Ontario moneys re-
ceived by them on account of stock subscribed, which

moneys

206

Chap. 30.

RAILWAYS.

6 Edw. VII.

Changes in
board of
provisional
directors.

moneys shall not be withdrawn, except for the purposes
of the undertaking, or upon the dissolution of the com-
pany for any cause whatsoever.

(2) The said provisional directors shall have power to
add to their number, or to substitute for any member of
the said Board of provisional directors (whether named
in the Special Act, or by the said provisional directors)
who may desire to resign or withdraw from his position
as a provisional director of the said company, any other
person as a provisional director thereof; and all such per-
sons as shall, from time to time, be provisional directors
of the said company, pursuant to the provisions of this
Act, shall constitute the board of provisional directors
thereof.

Allotment of
stock.

(3) If more than the whole stock has been subscribed,
the provisional directors shall allocate and apportion the
authorized stock among the subscribers as they deem most
advantageous and conducive to the furtherance of the
undertaking; and in such allocation the said directors
may in their discretion exclude any one or more of the
said subscribers, if in their judgment such exclusion will
best secure the building of the said railway ; and all meet-
ings of the provisional board of directors shall be held at
the head office of the company or at such other place in
the Province of Ontario as may in the opinion of the pro-
visional directors best suit the interests of the company .

when subscnp- (4) No subscription for stock in the capital stock of the

tion for stock i n i i • n • ±i i

to be binding, company shall be binding on the company unless it
shall be approved by resolution of the provisional directors
or of the directors, nor unless ten per centum of the amount
subscribed has been actually paid within one month after
subscription.

Capital.

capital stodc 8. — (1) The capital stock of the company, the amount of
an s ares. which shall be stated in the Special Act, shall be divided
into shares of one hundred dollars each; and the money
so raised shall be applied in the first place, to the payment
of all fees, expenses and disbursements for procuring the
passing of the Special Act, and for making the surveys,
plans and estimates of the works authorized by the Special
Application of Act ; and all the remainder of such money shall be applied
proceeds. to the making, equipping, completing and maintaining of
the railway, and other purposes of the undertaking.

nwetingflfor ^ ^° 800n as twenty-five per centum of the capital stock
election of is subscribed and ten per centum paid thereon into some

directors.

chartered

1906.

RAILWAYS.

Chap. 30.

207

chartered bank of the Dominion having an office in the Pro-
vince of Ontario, to the credit of the company, and which
shall on no account be withdrawn therefrom unless for the
lawful purposes of the company, the said provisional direct-
ors or a majority of them shall call a general meeting of the
shareholders for the purpose of electing directors of the com-
pany, giving at least four weeks' notice of such meeting by
advertisement in the Ontario Gazette, and in at least one
newspaper published in the place where the head office is
situate, of the time, place and purpose of the said meeting.

(3) If the provisional directors neglect to call such W1]en sut>-

• oi i<> r> scnber^ ma

meeting for three months after twenty-five per centum call first
of the capital stock shall have been subscribed and ten perfng.eraIme
centum thereof paid up the same may be called by any
five of the subscribers who have so paid up ten per centum
and who collectively have subscribed for not less than
twenty-five shares of the capital stock in the company and
who have paid up all calls thereon.

(4) At such general meeting the shareholders present ^i"^tors°a.nd
either in person or by proxy, who shall at the opening of term of office,
such meeting have paid up ten per centum on the stock etc'
subscribed by them, shall elect directors of the company in
manner and qualified as hereinafter mentioned, who shall
constitute a board of directors and shall hold office until
iie next general annual meeting, and a majority of the
directors shall form a quorum of the board, and may pass
such rules, regulations and by-laws as may be deemed
expedient and are not inconsistent with this Act ; and the
said board may employ and pay one of their number as
managing director.

9. The original capital stock of the company may, w^n capifafstoc
the approval of the Board, be increased, from time to time,
to any amount, if such increase is sanctioned by a vote,
in person or by proxy, of the shareholders who hold at of ^
least two-thirds in amount of the subscribed stock of the object,
company, at a meeting expressly called by the directors
for that purpose by a notice in writing to each shareholder,
delivered to him personally, or properly directed to him
^nd deposited in the post office at least twenty days pre-
viously to such meeting, stating the time, place and ob-Entryin
ject of such meeting, and the amount of the proposed minutes,
increase ; and the proceedings of such meeting shall be
entered in the minutes of the proceedings of the company,
and thereupon the capital stock may, with such approval,
be increased to the amount sanctioned by such vote.

Gevrral

208.

Annual
meetings.

Special
meetings.

Chap. 30.

RAILWAYS.

General Meetings.

6 Edw. VII.

10. — (1) A general meeting of the shareholders for the
election of directors and for the transaction of other
business connected with or incident to the undertaking,
to be called "the annual meeting," shall be held annually

on the day mentioned in the special Act, ur on such day
as may be fixed for that purpose by the by-laws of the com-
pany and other general meetings, to be called "special
meetings," may be called at any time by the directors, or by
shareholders representing at least one-fourth in value of the
subscribed stock, if the directors, having been requested by
such shareholders to convene such special meeting, for twen-
ty-one days thereafter fail to call such meeting.

(2) The annual meetings shall be held at the head office
of the company.

Special general
meetings.

(3) Special general meetings of the shareholders of the
company may be held at such places in the Province of
Ontario and at such times and in such manner and for such
purposes as may be provided by the by-laws of the company,
upon such notice as is provided in section 11 of this Act.

Notice of
meetings.

Evidence.

11. Two weeks' public notice of any meeting of the share-
holders shall be given by advertisement, in at least one
newspaper published in the place where the head office is
situate — in which notice shall be specified the place and the
day and the hour of meeting ; all such notices shall be pub-
lished weekly, and a copy of the newspaper containing such
notice shall, on production thereof, be evidence of the suf-
ficiency of such notice.

What business
may be
transacted.

Votes on
shares.

Shareholders
may vote by
proxy.

12. — (1) Any business connected with or incident to the
undertaking may be transacted at an annual meeting, ex-
cepting such business as by this Act is required to be
transacted at a special meeting; but no special meeting
shall enter upon any business not set forth in the notice
upon which it is convened.

(2) The number of votes to which each shareholder shall
be entitled on every occasion when the votes of the share-
holders are to be given, shall be in proportion to the
number of shares held by him, and on which all calls due
have been paid.

(3) Every shareholder, whether resident in Canada or
elsewhere, may vote by proxy, if he sees fit, and if such
proxy produces from his constituent an appointment in
writing, in the words or to the effect following, that is to
say:

1906.

RAILWAYS.

Chap. 30. 209

1. . of .one of the shareholders Form of

or the , do hereby appoint proxy,

of , to be my proxy, and in my absence to vote

or give my assent to any business, matter or thing relating to the
undertaking of the said that is mentioned or proposed

at any meeting of the shareholders of the said company, in such
manner as he the said thinks proper.

In witness whereof, I have hereunto set my hand and seal, the
day of in the year

(4) Any vote by proxy shall be as valid as if the constit- Majority to
uent had voted in person, but no person shall be qualified *
to be appointed a proxy who is not himself a shareholder
in the company and every matter or thing proposed or
considered at any meeting of the shareholders shall be
determined by the majority of vetes and proxies then
present and given, and all decisions and acts of any such
majority shall bind the company, and be deemed the de-
cisions and acts of the company.

13. — (1) Copies of the minutes of proceedings and resolu- Certified
tions of the shareholders of the company, at any annual or mmutes! etc.
special meeting, and of the minutes of proceedings and
resolutions of the directors, at their meetings, extracted

from the minute book, kept by the secretary of the com- Evidence,
pany, and by him certified to be true copies extracted from
such minute books, and when sealed with the company's
seal shall, without proof of the signature of such secre-
tary, be evidence of such proceedings and resolutions in
any court.

(2) All notices given by the secretary of the company by Notices by
order of the directors shall be deemed notices by the direct- ■<^tary
ors of the company.

President and Directors.

14. — (1) A board of directors of the company to manage Election of
its affairs, the number of whom shall be stated in the directors,
special Act, and a majority of whom shall form a quorum,

shall be chosen at the annual meeting; and if such elec-
tion is not held on the day appointed therefor, the direc-
tors shall cause such election to be held at a special meet-
ing duly called for that purpose within as short a time as
possible after the day so appointed.

(2) On the day so notified, no person shall be admitted who entitled
to vote except those who would have been entitled to votetovote
had the election been held on the day when it ought to

have been held.

(3) Vacancies in the board of directors shall be filled i n Vacancies, how
the manner prescribed by the by-laws. to be filled up.

14 s. (4)

210

Chap. 30.

RAILWAYS .

6 Edw. VII.

who qualified (4) No person shall be a director unless he is a share-
director, holder, owning at least ten shares of stock absolutely

in his own right, and qualified to vote for directors at the

election at which he is chosen.

Term of office (5) The directors appointed at the last election or those
of directors. appointed in their stead, in case of vacancy, shall remain
in office until the next ensuing election of directors.

howasuppi'ied ^n case °^ ^e death, absence or resignation of any

of the directors, others may be appointed in their stead
by the remaining directors; but if such appointment is
not made such death, absence or resignation shall not in-
validate the acts of the remaining directors.

President. (7) The directors shall, at their first or at some other

meeting after the election elect one of their number to be
the president of the company, who shall, always, when
present, be the chairman of and preside at all meetings of

Vice-President, the directors, and shall hold his office until he ceases to
. be a director, or until another president has been elected
in his stead; and they may in like manner elect a vice-
president, who shall act as chairman in the absence of the
president.

Quorum. (8) The directors at any meeting at which not less than

a quorum are present, shall be competent to use and exer-
cise all and any of the powers vested in the directors.

Acta of majori- (9) The act of a majority of a quorum of the directors
whoie.md the present at any meeting regularly held, shall be deemed
the act of the directors.

casting vote. (10) No director shall have more than one vote at any
meeting, except the chairman, who shall, in case of a
division, of equal numbers, have the casting vote.

Directomo be 15, The directors shall be subject to the control of the
•harehoiders shareholders at their annual meetings, and to all by-laws
»nd by-laws. Q£ company, and to the orders and directions from time
to time made at the annual or at any special meetings, such
orders and directions not being contrary to any express
directions or provisions of this Act or the special Act.

contractors 16. No person concerned or interested in any contract

with company -i • , i , i i • . «

not to be under or with, the company, or being a surety for any
directors. contractor shall be capable of being chosen a director,
or of holding or continuing in the office of director or
provisional director, nor shall any person being a director
or provisional director or promoter of the company enter
into or be directly or indirectly interested or concerned
in or participate in the profit of any contract with the
company, not relating to the purchase of land necessary
for the railway, or be or become a partner of any contrac-

14a s. tor

1906.

RAILWAYS .

Chap. 30.

211

tor with the company; and in the event of any such cou-
tract being made by or on behalf of any director or pro-
visional director or promoter an action shall lie in any
court of competent jurisdiction against such director or
provisional director or promoter at the suit of any share-
holder of the company or of any municipality through
which any part of the railway passes, for the benefit of the
funds of the company, for the whole amount of profit
accruing to such director, provisional director or promoter
from the contract so made or fulfilled. .

17. The directors may make by-laws for the manage- By-laws for
ment and disposition of the stock, property, business and of company,
affairs of the company, not inconsistent with the laws of

this Province, and for the appointment of all officers,
servants and artificers, and for prescribing their respective
duties and salaries.

18. The directors may from time to time appoint such May appoint
officers as they deem requisite, and shall take sufficient officers-
security, by one or more penal bonds, or otherwise, from

the manager and officers for the time being, for the safe
keeping and accounting by them respectively of the mon-
eys raised by virtue of this Act and the special Act, and
for the faithful execution of their offices, as the directors
think proper.

19. The directors may by by-law or resolution provide for Retirement of
the retirement of such of the company's officers and serv- offlcers' etc-
ants, on such terms as to an annual allowance or otherwise,

as in each case the directors, in the interest of the com-
pany's service and under the circumstances, consider just
and reasonable.

20. The directors may be paid such reasonable remunera- Remuneration!
tion for their services as may be sanctioned by the share- 01 directors-
holders by resolution passed at the annual general meeting

to be held for the purpose of electing the successors of such
directors.

21. In case of the absence or illness of the president, Acting
the vice-president, and in case of the absence or illness of presl en '
the president and vice-president a director appointed for

that purpose shall have all the rights and powers of
the president, and may sign all debentures, and other
instruments, and perform all acts which by the regulations
and by-laws of the company or by this Act are required
to be signed, performed and done by the president.

22. The directors may at any meeting require the sec- p\esident°may
retary to enter such absence or illness among the proceed- ^J^** Jn
ings of such meeting, and a certificate thereof signed by and certified,
the secretary shall be delivered to any person or persona etc*

requiring

212 Chap. 30. railways. 6 Edw. VII.

requiring the same on payment to the treasurer of fl,
and such certificate shall be taken and considered as prima
facie evidence of such absence, or illness at and during
the period in the said certificate mentioned in all pro-
ceedings in courts of^ justice or otherwise.

caule'annuai ^3. The directors shall cause to be kept, and annually
accounts to be 0n the 31st day of December, shall cause to be made up
and balanced, a true, exact and particular account of all
moneys collected and received by the company, or by the
directors or manager thereof, or otherwise, for the use
of the company, and of the charges and expenses attend-
ing: the erecting, making, supporting, maintaining and
carrying on of the undertaking, and of all other receipts
and expenditures of the company.

Calls.

Calls- 24. — (1) The directors may from time to time make

such calls of money not exceeding ten per centum of
the amount subscribed upon the respective shareholders, in
respect of the amount of capital respectively subscribed
or owing by them, as they deem necessary, and thirty
days' notice at the least shall be given of each call, and
no call shall exceed the prescribed amount determined
in the special Act, or be made at a less interval than two
months from the previous call, nor shall a greater amount
be called in, in any one year than the amount prescribed
in the special Act, but nothing herein contained shall
prevent the directors from making more than one call by
one resolution of the board : Provided, that the intervals
between such calls, the notices of each call, and the other
provisions of this Act and of the special Act, in respect
of calls, are duly observed and given.

meetings how (^) All notices of calls upon the shareholders of the
published. company shall be published weekly in the Ontario Gazette

(3) Every shareholder shall be liable to pay the amount
of the call so made in respect of the shares held by him
to the persons and at the times and places from time to
time appointed by the company or the directors.

(4) If, before or on the day appointed for payment any
shareholder does not pay the amount of the call, he shall
be liable to pay interest for the same, at the legal rate
for the time being, from the day appointed for the pay-
ment thereof to the time of the actual payment.

Amount of call (5) If at the time appointed for the payment of a call,
recovered by a shareholder fails to pay the amount of the call, he may
suit- be sued for the same in any court of competent jurisdic-

tion, and the same may be recovered, with lawful interest
from the day on which the call became payable.

Payment of
calls, how to
be made.

Interest to be
chargeable on
unpaid calls.

1906.

KAIL WAYS .

Chap. 30. 213

(6) In an action to recover money due upon a call, it whatformaii-
shall not be necessary to set forth the special matter, but m^ttonlf'ror
it shall be sufficient to state that the defendant is the calls
holder of one share or more, stating the number of shares,
and is indebted in the sum of money to which the calls
in arrear amount, in respect of one call or more, upon
one share or more, stating the number and amount of each
of such calls, whereby an action has accrued to the com-
pany by virtue of the special Act. v

Shares and their Transfer.

25. — (1) Shares in the company may, by the holders shares may t><
thereof, be sold and transferred by instrument in writing, transferred,
made in duplicate — one part of which shall be delivered to

the directors, to be filed and kept for the. use of the com-
pany, and an entry whereof shall be made in a book to be
kept for that purpose, and no interest or dividend on the
shares transferred shall be paid to the purchaser until such
duplicate is so delivered, filed and entered.

(2) Transfers may be in the form following, varying the Form of
same, as the case may require: — transfer.

I, A. B., in consideration of the sum of paid
to me by C. D., hereby do sell and transfer to him
share (or shares) of stock of the , to hold to

him the said C. Z)., his executors, administrators and assigns, sub-
ject to the same rules and orders, and on the same conditions that
I held the same immediately before the execution hereof. And I the
said C. D. do hereby agree to accept the said share (or

shares) subject to the same rules, orders and conditions.

Witness our hands this day of

in the year 19 .

26. The stock of the company shall be personal estate, but shares to be
no shares shal be transferable until all previous calls thereon -SS''
have been fully paid in, or the said shares have been declared
forfeited for the non-payment of calls thereon, and no trans-
fer of less than a whole share shall be valid.

27. If any share in the company is transmitted by the Transmission
death, bankruptcy, or last will, donation or testament, or thanbv trans6
by the intestacy, of any shareholder, or by any lawful ^;provi<ied
means other than the transfer hereinbefore mentioned, the

person to whom such share is so transmitted shall deposit
in the office of the company a statement in writing, signed
bv him, declaring the manner of such transmission, to-
gether with a duly certified copy or probate of such will,
donation or testament, or sufficient extracts therefrom,
and such other documents or proof as may be necessary;
without which such person shall not be entitled to receive
any share of the profits of the company, or to vote in re-
spect of any such share as the holder thereof

214 Chap. 30.

RAILWAYS.

6 Edw. VII.

trusts.

Company not 28. The company shall not be bound to see to the ex-
executionSof t0 ecution of any trust, whether express, implied or construc-
tive, to which any of the shares may be subject; and the
receipt of the person in whose name any share stands
in the books of the company, or if it stands in the name
of more persons than one, the receipt of one of the per-
sons named in the register of shareholders, shall from
time to time be a sufficient discharge to the company for
any dividend or other sum of money payable in respect
of the share, notwithstanding any trust to which the share
may then be subject, and whether or not the company have
had notice of the trust ; and the company shall not be
bound to see to the application of the money paid upon
such receipt.

proprietorship" 29.— (1) The certificate of proprietorship of a share shall
prima facie be admitted in all Courts as prima facie evidence of the

title of any person, bis executors, administrators, successors

or assigns, to the share therein specified.

Want of
certificate not
to prevent
disposing of
shares.
Penalty for
refusal to pay
calls.

(2) The want of such certificate shall not prevent the
bolder of any share from disposing thereof.

(3) Shareholders neglecting or refusing to pay a ratable
share of the calls as aforesaid, for the space of two months
after the time appointed for the payment thereof, shall
forfeit their respective shares in the undertaking and all
the profit and benefit thereof ; all which forfeitures shall
go to the company for the benefit thereof.

Forfeiture of (4) No advantage shall be taken of the forfeiture un-
token^dvtn- less the same is declared to be forfeited at a general meet-
aa|ln°erainly at *n£ °^ tne company, assembled at any time after such
meeting. forfeiture occurred.

Effect of
forfeiture as
to liabilities.

(5) Every such forfeiture shall be an indemnification
to and for every shareholder so forfeiting, against all
actions or prosecutions whatever, commenced or prosecuted
for any breach of contract or other agreement between
such shareholder and the other shareholders with regard
to carrying on the undertaking.

Sale of forfeited
•hares.

30. The directors may sell, either by public auction or
private sale, any shares so declared to be forfeited, upon
authority therefor having been first given by the share-
holders either at the general meeting at which such shares
were declared to be forfeited or at anv subsequent general
meeting.

Limitation. 31. The company shall not sell or transfer more of the
shares of any such defaulter than will be sufficient, as
nearly as can be ascertained at the time of such sale, to
pav the arrears then due from such defaulter on account

1906. railways. Chap. 30. 215

of any calls, together with interest, and the expenses at-
tending such sale and declaration of forfeiture; and if the
money produced by the sale of any such forfeited shares
is more than sufficient to pay all arrears of calls and in-
terest thereon due at the time of such sale, and the ex-
penses attending the declaration of forfeiture and sale
thereof, the surplus shall, on demand, be paid to the de-
faulter. ;

32. If payment of such arrears of calls and interest and Payment of

iio i j i i arrearsibefore

expenses is made before any share so forfeited and vested gaie.
in the company is sold, such share shall revert to the per-
son to whom it belonged before such forfeiture, in such
manner as if such calls had been duly paid.

33. A certificate of the treasurer of the company that certificate of
the forfeiture of the shares was declared, shall be suffi- evidence of 'b*
cient evidence of the fact, and if the certificate so states, of forfelture^and
their purchase by the purchaser ; and such certificate,with the purohMer.
receipt of the treasurer for the price of such shares, shall
constitute a good title to the shares ; and the certificate shall

be, by the said treasurer, registered in the name and with the
place of abode and occupation of the purchaser, and shall
be entered in the books to be kept by the company; and
such purchaser shall thereupon be deemed the holder of
such shares, and shall not be bound to see to the applica-
tion of the purchase money, — and his title to such shares
shall not be affected by any irregularity in the proceedings
in reference to such sale; and any shareholder may pur-
chase any share so sold.

34. Any shareholder who is willing to advance the rntereat on
amount of his shares, or any part of the money due upon *dvg^" reader
his shares, beyond the sums actually called for, may pay to company,
the same to the company, — and upon the principal moneys

so paid in advance, or so much thereof as, from time to
time, exceeds the amount of the calls then made upon the
shares in respect to which such advance is made, the com-
pany may pav such interest, at the lawful rate of interest
for the time being, as the shareholders, who pay such KT . .

. ii r. ^ .No interest to

sum m advance, and the company agree upon; but such be paid out of
interest shall not be paid out of the capital subscribed. caPltal-

Shareholders .

35. Each shareholder shall be individually liable ^° fnd'vidu'ail™
the creditors of the company to an amount equal to the nabie tin shares
amount unpaid on the stock held by him, for the debts pai<3up
and liabilities of the company, and until the whole amount
of his stock has been paid up in cash ; but shall not be
liable to an action therefor before an execution against
the company has been returned unsatisfied in whole or

216

Chap. 30.

RAILWAYS .

6 Edw. VII.

in part, and the amount due on such execution shall be
the amount recoverable with costs against such share-
holder. »

Account oi
names and
residence of
shareholders
to be kept.

Rights of
aliens.

36. A true and perfect account of the names and places
of abode of the several shareholders shall be entered in a
book to be kept for that purpose, as well as of the several
persons who from time to time become proprietors of, or
entitled to any shares therein, and of all the other acts,
proceedings and transactions of the company and of the
directors for the time being and such account shall be open
to the inspection of the shareholders.

37. Aliens, and companies incorporated abroad as well
as British subjects and corporations, may be shareholders
in the said company, and all such shareholders, whether
resident in this Province or elsewhere, shall be entitled to
vote on their shares equally with British subjects, and,
corporations excepted, shall also be eligible to office as
directors in the company.

Preference
stock by-law
for issuing.

Special rights
of preference
shareholders.

Unaniiaou

sanction

required.

Preference Stock.

38. — (1) The directors may make a by-law for creating
and issuing any part of the capital stock as preference
stock, giving the same such preference and priority as re-
spects dividends and otherwise over ordinary stock as may
be declared by the by-law.

(2) The bv-law may provide that the holders of shares
of such preference stock shall have the right to elect a
certain stated proportion of the board of directors, or may
give them such other control over the affairs of the com-
pany as may be considered expedient.

(-3) No such by-law shall have any force or effect what-
ever until after it has been unanimously sanctioned by a
vote of the shareholders present in person or by proxy, at
a general meeting of the company duly called for consider-
ing the same, or unanimously sanctioned in writing by
the shareholders of the company; provided, however, that
if the by-law be sanctioned by three-fourths in value of
special proviso. ^e shareholders of the company the company may petition
the Board for an order approving the said by-law, and the
Board may approve thereof and from the date of such
approval the by-law shall be valid and may be acted upon.

(4) Holders of shares of such preference stock shall be
shareholders within the meaning of this Act, and shall
in all respects possess the rights and be subject to the lia-
bilities of shareholders within the meaning of this Act,
provided, however, that in respect of dividends and other-
wise they shall, as against the ordinary shareholders, be
entitled to the preferences and rights given bv such by-law.

(5)

Rights and
liabilities of
preference
shareholders.

1906.

RAILWAYS.

Chap. 30. 217

(5) Nothing in this section contained or done in pur-^'JaH^f
suance thereof shall affect or impair the rights of creditors preserved,
of the company.

Dividends and Interest.

39. — (1) The directors may, at a general meeting, declare ^dividends,
a dividend to be paid out of the net profits of the under-
taking. k

(2) Such dividends shall be divisible among the share- D^^°n of
holders in proportion to the amounts paid up in cash upon
the shares held by them respectively.

40. The directors may, before recommending any divi- Reserve fund,
dend, set aside out of the profits of the company such sums

as they think proper as a reserve fund, to meet contingen-
cies, or for equalizing dividends, or for repairing, main-
taining, renewing or extending the railway or any portion
thereof, and shall submit their action in regard to such
reserve fund to the shareholders at a general meeting for
their approval ; and the directors may invest the sum so set
apart as a reserve fund in such securities as they select,
not however inconsistent with this or the special Act.

41 . No dividend shall be declared whereby the capital Dividend not
of the company is in any degree reduced or impaired, or capita* etc.
be paid out of such capital, nor shall any dividend be

paid, in respect of any share after a day appointed for
payment of any call for money in respect thereof, until
such call has been paid; but the directors may, in their
discretion, until the railway is completed and opened to
the public, pay interest at any rate not exceeding five per
centum per annum, on all sums actually paid in cash in
respect of the shares, from the respective days on which {,etpafdt0nay
the same have been paid; and such interest shall accrue calls pending
and be paid at such times and places as the directors ap- cTroadf
point for that purpose.

42. The directors may deduct, from any dividend pay- Arrears may
able to any shareholder, all or any such sum or sums of '/reom3ducted
money as are due from him to the company on account of dividends,
any call or otherwise.

Bonds, Mortgages, and Borrowing Powers.

43. — (1) The directors of the company, under the author- issue of bonds
ity of the shareholders, to them given.at any special meet-'

ing, called for the purpose in the manner provided by this
Act. or at any annual meeting for which like notice of in-
tention to apply for such authority has been given as is re-
required in the case of a special meeting, and at which

meeting

218

Chap. 30.

RAILWAYS.

6 Edw. VII.

Procedure. meeting, whether annual or special, shareholders repre-
senting at least two-thirds in value of the subscribed stock
of the company, and who have paid all calls due thereon,
are present in person or represented by proxy, may, subject
to the provisions in this Act and the Special Act contained,
issue bonds, debentures, perpetual or terminating debenture
stock, or other securities, signed by the president or other
presiding officer and countersigned by the secretary, which
countersignature and the signature to the coupons at-
tached to the same may be engraved; and such securities
may be made payable at such times and in such manner,
when and and at such place or places in Canada or elsewhere, and
may bear such rate of interest, not exceeding five per
cent, per annum, as the directors think proper.

where payable
Interest.

iDgpowers.nd" (2) Such bonds, debentures or other securities shall not
exceed the amount authorized by the special Act and may
be issued only in proportion to the length of railway con-
structed or under contract to be constructed.

onbondsmoney (3) The directors may issue and sell or pledge all or any
of the said bonds, debentures, or other securities, at the
best price and upon the best terms and conditions which
at the time they may be able to obtain, for the purpose
of raising money for nrosecuting the said undertaking.

Forn]lLnthan be (4) No such bond, debenture or other security shall be
$ioo. for a iess sum than one hundred dollars.

bonds to bTa ^ne Power °^ issuing bonds conferred upon the corn-

continuous pany hereby or under the special Act shall not be construed
as being exhausted by such issue; but such power may
be exercised from time to time upon the bonds constitut-
ing such issue being withdrawn or paid off and duly can-
celled; but the limit to the amount of bonds, debentures
or other securities fixed in the special Act shall not be
exceeded.

Mortgages 44. — (1) The company may secure such bonds, debentures,
bondTetc. or other securities, by a mortgage deed creating such
mortgages, charges and incumbrances upon the whole of
such property, assets, rents and revenues of the company,
present or future or both, as are described in the said deed,
but such rents and revenues shall be subject in the
first instance to the payment of any penalty imposed for
non-compliance with the requirements of this Act respect-
ing returns to be made under this Act and next to the
payment of the working expenditure of the railway.

(2) By the said deed the company may grant to the
holders of such bonds, debentures or other securities, or
the trustees named in such deed, all and everv the powers,
risrhts and remedies granted by this Act in respect of the
said bonds, debentures, or other securities, and all other
powers, rights and remedies not inconsistent with this

Act,

1906.

RAILWAYS.

Chap. 30. 219

Act, or may restrict the said holders in the exercise of
any power, privileges or remedy granted by this Act, as the
case may be; and all the powers, rights and remedies so
provided for in such mortgage deed shall be valid and
binding and available to the said holders in manner and
form as therein provided.

(3) The company may except from the operation of any "°y^|ges
such mortgage deed any assets, property, rents or revenue limited,
of the company, and may declare and provide therein that

such mortgage shall only apply to and affect certain sections
or portions of the railway or property of the company, but
where any such exception is made, the company shall in
such mortgage deed expressly specify and describe, with
sufficient particularity to identify the same, the assets, pro-
perty, rents or revenue of the company, or the section or
portions of the railway, not intended to be included therein
or conveyed thereby.

(4) Every such mortgage deed and every assignment deposed wi'
thereof or other instrument in any way affecting such fewitar^and
mortgage or security shall be deposited in the office of the notice given.
Board, of which deposit notice shall forthwith be given in

the Ontario Gazette. Such mortgage deed or other instru-
ment need not be registered under the provisions of any law
respecting registration of instruments affecting real or per-
sonal property.

(5) A copy of any such deed or instrument so deposited, Evidence,
certified to be a true copy by the Secretary, shall be received

as prima facie evidence of the original in all courts without

proof of the signature of such official.

45. The bonds, debentures, or other securities, hereby Bonds, etc.,
authorized to be issued, shall be taken and considered to be

the first preferential claim and charge upon the company,
and the franchise, undertaking, tolls and income, rents
and revenues, and real and personal property thereof, at
any time acquired, save and except as hereinbefore pro-
vided.

46. Each holder of the said bonds, debentures or other Bondholders,
securities, shall be deemed to be a mortgagee or incumb- Mortgagees,
rancer upon the said securities pro rata with all the other
holders, and no proceedings authorized by law or by this

Act shall be taken to enforce payment of the said bonds,
debentures or other securities or of the interest thereon
except through the trustee or trustees appointed by or under
such mortgage deed.

47. — (1) If the company makes default in paying theRightsof
principal or interest on any of the bonds, debentures or bondlTetc.,
other securities hereby authorized, at the time when the "P""^^1*

same

220

Chap. 30.

RAILWAYS.

6 Edw. VII.

Right of
bondholder,
etc., to rote
at meetings.

same, by the terms of the bond, debenture or other security,
becomes due and payable, then at the next annual general
meeting of the company, and at all subsequent meetings,
all holders of bonds, debentures or other securities so being
and remaining in default shall, in respect thereof, have
and possess the same rights and privileges and qualifications
for being elected directors and for voting at general meet-
ings, as would attach to them as shareholders if they held
fully paid up shares of the company to a corresponding
amount.

(2) Each such holder of bonds, debentures or other
securities shall, for the purpose of voting at any such meet-
ing, be deemed to be a shareholder and shall be entitled to
as many votes as if he held shares in the company on which
all calls had been paid, equal at a par valuation, to the
amount of such bonds, debentures or other securities so held
by him, and may vote by proxy in like manner and to the
same extent as a shareholder, but no person who is not him-
self a bondholder of or shareholder in the company shall be
qualified to be appointed a proxy.

(3) The rights given by this section shall not be exer-
cised by any such holder unless it is so provided by the
mortgage deed, nor unless the bond, debenture or other
security, in respect of which he claims to exercise such
rights has been registered in his name, in the same man-
ner as the shares of the company are registered at least
ten days before he attempts to exercise the right of vot-
ing thereon ; and the company shall be boiind on demand
to register such bonds, debentures or other securities, and
thereafter any transfers thereof, in the same manner as
shares or transfers of shares.

other rights (4) The exercise of the rights given by this section shall
mortgage deed n°t take away, limit or restrain any other of the rights
preserved. or remedies to which the holders of the said bonds, deben-
tures of other securities are entitled under the provisions
of such mortgage deed.

When right
of voting
may be
exercised.

Bonds, etc.,
mode of
transfer of.

48. All bonds, debentures or other securities hereby
authorized may be made payable to bearer, and shall in
that case be transferable by delivery, until registration
thereof as hereinbefore provided, and while so registered
they shall be transferable by written transfers, registered
in the same manner as in the case of the transfer of
shares.

Power to
borrow money
by overdraft,
etc

49. The company may, for the purposes of the under-
taking, borrow money by overdraft or upon promissory
note, warehouse receipt, bill of exchange or otherwise
upon the credit of the company and become party to pro-
missory notes and bills of exchange ; and every such note
or bill made, drawn, accepted or endorsed, by the president

1906.

RAILWAYS.

Chap. 30. 221

or vice-president of the company, or other officer author-
ized by the by-laws of the company, and countersigned
by the secretary of the company, shall be binding on the
company ; and every such note or bill of exchange so made,
drawn, accepted or endorsed shall be presumed to have
been made, drawn, accepted or endorsed with proper
authority, until the contrary is shown; and in no case
shall it be necessary to have the seal of the company affixed Noseal
to such promissory note or bill of exchange, nor shall the necessary .
president or vice-president or secretary or other officer of
the company, so authorized be individually responsible
for the same, unless such promissory note or bill of ex-
change has been issued without proper authority; but
nothing in this section shall be construed to authorize the
company to issue any note or bill payable to bearer, or Notes;notto
intended to be circulated as money or as the note or bill to bearer,
of a bank.

50. The sections relating to "Organization of the COm- Application
pany," being sections numbers 6 to 49 inclusive, shall apply ^ |trett9
to street railway companies. ■ railway

J r companies.

POWERS.

51. Subject to the provisions of this Act and the spe- powers:
cial Act the company shall have power and authority —

(-1) To survey, lay out, construct, complete, equip and
maintain a railway to be operated by steam or a rail-
way or street railway to be operated by electricity, with
double or single tracks;

(2) To receive, take and hold all voluntary grants and do- xo?receive
nations of land or other property or any bonus of money or fand^tc. ;
debenture or other benefit of any sort made to it, to aid in

the construction, maintenance and accommodation of the
railway, but the same shall be held and used for the pur-
pose of such grants or donations only;

(3) To purchase, take and hold of any person any land or purchase
other property necessary for the construction, maintenance, land ;
accommodation and use of the railway, and also to alienate,

sell or dispose of the same so soon as, for any reason, it has
become not necessary for the purposes of the company.

(4) To construct, maintain and work the railway across And across'or
along or upon any stream of water, water course, canal or £{°ng streams
highway which it intersects or touches; but the stream,

water course, highway, canal or railway so intersected or
touched, shall be restored by the Company to its former
state, or to such state as not to impair its usefulness; but
this shall *iot authorize the ob«"' ruction of the navigation
of any n- "able r'ater;

(5)

222 Chap. 30. railways. 6 Edw. VII.

dLckshetces' l^'0 Purcnase land f°r aild erect power-houses, ware-

houses, elevators, docks, stations, workshops, and offices
and to sell and convey such land as may be found super-
fluous for any such purpose, and to purchase and acquire
stationary or locomotive engines, motors, carriages, waggons
and other machinery and contrivances necessary for the
working of the railway and the accommodation and use of
the passengers, freight and business of the railway; and to
hold as part of the property of the said company as many
steam or other vessels as the directors of the company may
deem requisite from time to time to facilitate the carriage
of passengers, freight and other traffic in connection with
the railway;

Branch ran- (6) To make branch railways, if required and provided
for by the special Act, and to manage the same, and for that

purpose to exercise all the powers, privileges and authori-
ties necessary therefor, in as full and ample a manner as
for the railway ;

convey per- (7) To take, transport, carry and convey persons and

sons and goods j -i a l x ±t ±- j

on railway; goods on the railway, to regulate the time and manner m
which the same shall be transported, and the tolls and
compensation to be paid therefor, and to receive such tolls
and compensation;

Enter upon (8) To enter into and upon the lands of any corporation
lands, etc. ; Qr pergon whatsoever lying in the intended route or line
of the railway; and, with the consent of the Lieutenant-
Governor in Council in that behalf, into and upon any
lands of His Majesty the property of this Province;

Make survey (9) To make surveys, examinations, or other necessary
of lands; arrangements on such lands necessary for fixing the site
of the railway, and to set out and ascertain such parts of
the lands as are necessary and proper for the railway;

Remove trees. (10) To fell or remove any trees standing in any woods,
lands or forests, where the railway passes, to the distance
of six rods from either side thereof. The company shall
make full compensation to the owner of any tree so cut down
and the amount of such compensation shall on the applica-
tion of the owner be determined by the Board ;

construct (11) To make or construct upon, across, under or over

bridges^rains any railway, tramway, river, stream, watercourse, canal,
fences, etc. or highway, which it intersects or touches, temporary or
permanent inclined planes, tunnels, embankments, aque-
ducts, bridges, roads, ways, passages, conduits, drains,
piers, arches, cuttings and fences;

Divert high- (12) To divert, or alter, as well temporarily as perma-
wateVways. nently, the course of any such river, stream, watercourse,
or highway, or raise or sink the level thereof, in order the
more conveniently to carry the same over, under or by the
side of the railway;

(13)

1906.

RAILWAYS.

Chap. 30. 223

(13) To make drains or conduits into, through, or under construct
any lands adjoining the railway, for the purpose of con-drams-
veying water from or to the railway ;

(14) With consent of the Board after notice to any Divert drains,
person interested, to divert or alter the position of any ^jJJ-es' and
water-pipe, gas-pipe, sewer or drain, or any telegraph, tele-
phone, or electric lines, wires or poles;

(15) With consent of the Board after notice to any Alter and sub-

• , xjj> i- i n ■ Btittlte other

person interested, irom time to time to alter, repair or works,
discontinue the before-mentioned works, or any of them,
and substitute others in their stead ;

(16) To cross, intersect, join and unite the railway with other ra!i-h
any other railway at any point on its route, and upon the ways ;
lands of such other railway, with the necessary conven-
iences for the purposes of such connection ; and the owners

of both railways may unite in forming such intersection,
and grant the facilities therefor; and the amount of com-
pensation to be made therefor, the point and manner of such
crossing and connection, shall be determined by the Board
as provided by this Act ;

(17) To do all other acts necessary for the construction, other neces-
maintenance and operation of the railway in pursuance ofsaryActs-
and according to the meaning and intent of this Act, and

of the special Act.

52. The provisions for the ascertainment of compensation Application of
contained in subsection 16 of section 51 of this Act shall not \*** sut£eding
extend or apply to any railway incorporated under an Act sections.

of the Legislature of Ontario, in any case in which it is pro-
posed that such railway shall cross, intersect, join, or unite
with, or be crossed, intersected, joined or united with a rail-
way under the legislative control of Canada.

53. The company shall, in the exercise of the powers compensation
by this or the Special Act granted, do as little damage for damage,
as possible, and shall make full compensation, in the man-
ner herein or in the Special Act provided, to all parties
interested, for all damage by them sustained by reason of

the exercise of such powers.

54. - — (1) The railway company shall not take possession occupy public
of, use or occupy any lands belonging to the Province, with- ^nd8' beaches,
out the consent of the Lieutenant-Governor in Council; but

with such consent such company may take and appropriate
for the use of their railway and works, but not alienate,
so much of the wild lands of the Province lying on the
route of the railway as have not been granted or sold, and
as may be necessary for the railway, as also so much of
the public beach or of the land covered with the waters of

any

224

Chap. 30.

RAILWAYS .

6 Edw. VII.

any lake, river, stream or canal, or of their respective beds,
as is necessary for making and completing and using their
said railway and works;

(2) The extent of the public beach or of the land covered
with water of any river or lake in the Province of Ontario
taken for the railway shall not exceed the quantity limited
in section 60 of this Act.

bhm'gde inThe ^ company

line of a rail- the location of its line of railway in any particular part
for the purpose of lessening a curve, reducing a gradient,
or otherwise benefiting such line of railway, or for any
other purpose of public advantage, may, with the leave of
the Board, make such change; and all the clauses of this
Act shall refer as fully to the part of any such line of rail-
way so at any time changed or proposed to be changed as to
the original line; but no railway company shall have any
right to extend its line of railway beyond the termini men-
tioned in the special Act.

Telegraph and Telephone Lines.

which desires at any time to change

way at any
time for cer-
tain purposes.

Telephone and
telegraph lines

Proviso.

56. — (1) Except as provided in subsections 3 and 4 of this
section the company may construct and operate an electric
telegraph line and a telephone line throughout and along
the whole line of railway, and the branches thereof, or any
part of the said railway or branches, and for the purpose of
constructing, working and protecting the said telegraph and
telephone lines, the powers conferred upon telegraph com-
panies by The Act respecting Telegraph Companies, being
chapter 192 of the Revised Statutes of Ontario, 1897, are
hereby conferred upon the company; provided that no
poles shall be erected in the construction of either of the
said lines in or through any city, town or incorporated'
village, without an agreement with the council of such city,,
town or village being first obtained by the company ; pro-
vided, also, that such telegraph and telephone lines shall
be used exclusively for the purooses of the business of the
company. Provided also that in case the parties are
unable to agree, the terms and conditions upon which such
poles may be erected shall be determined by the Board.

Municipal
telephone
systems,
connections
with .

(2) Whenever any municipal corporation or person has
authority to construct, operate and maintain a telephonic
system in any district, and is desirous of obtaining tele-
phonic connection or communication with or within any sta-
tion or premises of the company, in such district, and can-
not agree with the company with respect thereto, such muni-
cipal corporation or person may apply to the Board for leave
therefor, and the Board may order the company to provide
for such connection or communication upon such terms as to
compensation as the Board d^ems just and expedient, and

may-

1906.

RAILWAYS.

Chap. 30. 225

may order and direct how, when, where, by whom and
upon what terms and conditions such telephonic connec-
tion or communication shall be constructed, operated and
maintained.

(3) No lines or wires for the conveyance of light, heat, ^/o^'rafiway.
power or electricity, shall be erected, placed or maintained

across the railway without leave of the Board.

(4) ' Upon any application for such leave, the applicant Plans to be
shall submit to the Board a plan and profile of the part Board. e °
of the railway proposed to be affected showing the pro-
posed location of such lines and wires and the works con-
templated in connection therewith; and the Board may

grant such application and may order by whom, how, ^ard.by
when, and on what terms and conditions, and under what
supervision, such work shall be executed; and upon such
order being made such lines and wires may be erected,
placed and maintained across the railway subject to and
in accordance with such order.

(5) As soon as practicable after its organization the ^dlcrral r,ules
Board shall promulgate rules and regulations and standard tions^fBoard.
plans and specifications to be adhered to in carrying lines

of wires to be used for telephone and telegraph purposes
across the railway, and no lines of such wires shall there-
after be carried across the railway in any other way or on
any other terms without the leave of the Board first ob-
tained, provided the Board may, from time to time, amend
or change as to it may seem fit such rules, regulations and
standard plans and specifications, but such rules, regula-
tions, plans and specifications and amendments or changes
thereto and thereof shall not affect crossings made before
their adoption by the Board; provided, further, that in
special cases on the application of any person or corporation rovi °'
to be affected by such crossing the Board may order that
such crossing shall be made in some other manner than that
prescribed by the standard plans and specifications, and by
whom and how and when and on what terms and conditions
and under what supervision such work shall be executed,
and upon such order being made such lines and wires may
be erected, placed and maintained across the railway, sub-
ject to and in accordance with such order.

Interchange of Traffic.

57. — (1) The directors of any railway company may at One company
any time, and from time to time, make and enter into any with another
agreement or arrangement with any other company, either Jraffio""8
in this Province or elsewhere, for the regulation and
interchange of traffic passing to and from the railways
of the said companies, and for the working of the traffic
over the said railways respectively, or for either of those
1 5 S. objects

226 Chap. 30.

RAILWAYS.

6 Edw. VII

objects separately, and for the division and apportion-
ment of tolls, rates and charges in respect of such traffic,
and generally in relation to the management and working
of the railways, or any of them, or any part thereof, and
of any railway in connection therewith, for any term not
exceeding twenty-one years, and to provide, either by
proxy or otherwise, for the appointment of a joint com-
mittee or committees for the better carrying into effect
such agreement or arrangement, with such powers and
functions as may be considered necessary or expedient,
subject to the consent of two-thirds of the shareholders,
voting in person or by proxy.

Railway Com-
panies must
afford each
other every
facility for the
forwarding of
traffic, with
out preference
or favour.

(2) Every railway company shall, according to their
respective powers, afford all reasonable facilities to any
other railway company for the receiving and forwarding
and delivering of traffic upon and from the several rail-
ways belonging to or worked by such companies respec-
tively, and for the return of carriages, trucks, and other
vehicles; and no such company shall give or continue any
preference or advantage to or in favour of any particular
company, or any particular description of traffic, in any
respect whatsoever, nor shall such company subject any
particular company or any particular description of traffic
to any prejudice or disadvantage in any respect whatso-
ever; and every railway company having or working a
railway which forms part of a continuous line of railway,
or which intersects any other railway or which has a ter-
minus, station or wharf of the one near a terminus, sta-
tion or wharf of the other, shall afford all due and reason-
able facilities for receiving and forwarding by the one
of such railways, all the traffic arriving by the other, with-
out any unreasonable delay and without any such prefer-
ence or advantage, or prejudice or disadvantage as afore-
said, and so that no obstruction may be offered in the
using of such railway as a continuous line of communica-
tion, and so that all reasonable accommodation may at all
times, by the means aforesaid, be mutually afforded by
and to the said several railwav companies.

Penalty on
companies or
their officers
refusing or
neglecting to
forward traffic
as above
required.

How recover-
able, and bow
to be applied.

(3) If any officer, servant or agent of a railway com-
pany, having the superintendence of the traffic at any
station or depot thereof, refuses or neglects to receive,
convey or deliver at any station or depot of the company
for which they may be destined, any passenger, goods
or things, brought, conveyed or delivered to him or to
such company, for conveyance over or along the railway
from that of any other company, intersecting or coming
near to such first-mentioned railway, or in any way wil-
fully contravenes the provisions of the next preceding
subsection — such first-mentioned railway company, or such
officer, servant or agent, personally, shall, for every such
1 Pa S. ' neglect

1906.

RAILWAYS.

Chap. 30

227

neglect or refusal, incur a penalty not exceeding $50 over
and above the actual damages sustained.

(4) In case any company or municipality interested is
unable to agree as to the regulation and interchange of
traffic or in respect of any other matter in this section pro-
vided for, the same shall be determined by the Board.

(5) All complaints made under this section shall be heard
and determined by the Board.

(6 This section shall apply to such street railways as may
from time to time be determined by the Board.

Amalgamation and Running Arrangements with other
Companies.

58. — (1) The company shall have the power to agree ^fthe0fherts
for connection and making running arrangements with any companies,
other railway company, the lines of which are approached
or crossed by the line or lines of the company, if lawfully
empowered to enter into any such agreement, upon terms
to be authorized by two-thirds in value of the shareholders
at a special general meeting to be held for that purpose,
and it shall also be lawful for the company to enter into
any agreement or agreements with any such company if
lawfully authorized to enter into such an agreement, for
the sale or leasing or hiring of the whole or any portion
of the railway or the use thereof or for the sale or leasing
or hiring any engines, locomotives, motors, carriages, or
cars or any of them or of any part thereof or touching
any service to be rendered by one company to the other
and the compensation therefor, if the arrangements and
agreements shall be so authorized by two-thirds in value
of the shareholders voting in person or by proxy at a
special general meeting to be called for that purpose, and
every such agreement shall be valid and binding accord-
ing to the terms and tenor thereof subject to sub-section
3 of this section, and the company purchasing, leasing or
entering into such agreement for using the said railway
may and is hereby authorized to work the said railway in
the same manner as if incorporated with its own line.

(2) The company may contract and agree with any
other railway company the lines of which are approached
or crossed by the line or lines of the company if lawfully
authorized to enter into such arrangements, for amalga-
mation with any or either of them, provided that no such
contract shall be of any force or validity unless first
authorized by resolution passed by vote of the shareholders
in person or by proxy representing two-thirds in value
of the subscribed capital stock, and on which no call is
in default and unpaid at a general meeting specially called
for that purpose.

(3)

-228 Chap. 30.

RAILWAYS.

6 Edw. VII

bfsubTectto10 (3) No such agreement for amalgamation, connec-
boird™1 by tions, running arrangements, sale, leasing or hiring of the
railway or any portion thereof shall be of any force or effect
until approved by resolution of the Board, and every such
agreement shall be subject to such terms, conditions and
regulations, general or special, as the Board may from
time to time order.

street'aHw1 ^) This section shall apply to such street railways as may
" from time to time be determined by the Board.

PLANS AND SURVEYS.

books of d ^ -Plans and surveys and books of reference shall be

reference. made and corrected as follows :

(1) Surveys and levels shall be taken and made of the
lands through which the railway is to pass, together with
a map or plan thereof, and of its course and direction, and
of the lands intended to be passed over and taken therefor,
so far as then ascertained, and also a book of reference for
the railway, in which shall be set forth —

(a) A general description of the said lands ;
(6) The names of the owners and occupiers thereof, so
far as they can be ascertained ; and

Certifying map (2) The map or plan and book of reference shall be ex-
bookofand amined and if in all respects satisfying the provisions of
reference. this Act and the special Act shall be certified by the Board

who shall keep one copy thereof on file in the office of the

Board.

Registration of (3) The company shall also deposit copies thereof, or
^Tbookof of such parts thereof as relate to each district or county
reference. through which the railway is to pass, duly certified as
copies by the Secretary, in the registry offices of such dis-
tricts or counties respectively.

copies. (4) Any person may resort to such copies, and make

extracts or copies thereof, as occasion requires, paying to
the Secretary, or to the Registrar, at the rate of ten cents
Appeal against for every hundred words so extracted or copied. Any per-
Ko°i^n1neCa" son aggrieved by the proposed location of the line of

railway may within ten days after the deposit of the map or
plan and book of reference aforesaid in the registry office of
the district or county where the lands are situated, the loca-
tion

1906.

RAILWAYS .

Chap. 30

229

tion through which is complained of, apply to the Board,
setting forth his objections to the location of the proposed
line, and the Board shall if it considers sufficient cause
therefor exists, appoint a disinterested engineer, who shall
examine the said proposed line, and after hearing the par-
. ties he shall confirm or alter the same as may be consistent
with the just rights of all parties and of the public. The
determination of the engineer approved by the Board shall,
within ten days after his appointment, be made and certi-
fied, and such certificates shall be filed in the office of the
Registrar for the district or county where the lands are sit-
uated.

(5) The said engineer shall be entitled to reasonable fees Fees and ex-
for each day employed in connection with the said ex- engineer,
animation and work, together with his actual expenses
incurred therein, and the amount shall in the first instance

be paid by the person applying for his appointment, but
if the proposed route is altered or changed by the engin-
eer, the railway company shall refund to the applicant the
amount so paid.

(6) Any omission, misstatement or erroneous description j^'^"^ how
of such lands or of the owners or occupiers thereof, in a

map or plan or book of reference, may on application by
any party interested and -after giving ten days' notice to
the owner of the lands, be corrected by the Board on ap-
plication made to them for that purpose, and if it appears
to them that the omission, misstatement or erroneous de-
scription arose from mistake the Board shall certify the
same accordingly.

(7) The certificate shall state the particulars of such contents of
omission, and the manner thereof, and shall be deposited certincate-
in the registry office of the district or county respectively
in which such lands are situate and kept in such reg-
istry office along with the other documents to which they
relate; and thereupon the map or plan or book of reference
shall be deemed to be corrected according to such certifi-
cate ; and the company may construct and lay out the rail-
way in accordance with the certificate.

(8) If any alterations from the original plan or survey Alterations
are intended to be made in the line or course of the rail- survey"gin
way, a^plan and section in triplicate of such alterations as
have been approved of by the Board, on the same
scale and containing the same particulars as the original
plan and survey, shall be deposited in the same manner as
the original plan, and copies or extracts of the plan and
section, so far as they relate to the several districts or

counties

230 Chap. 30. railways. 6 Edw. VII

counties in or through, which the alterations have been
authorized to be made, shall be deposited in the registry
offices of such districts or counties.

General
provisions
respecting,
plans, etc.

Must be
signed.

Board may
refuse unsatis-
factory plans.

(9) All plans, profiles and books of reference required
by law to be deposited by the company with the Board,
shall be drawn to such scale, with such detail, upon such
materials, and of such character, as the Board may, either
by general regulation, or, in any case, require or sanction,
and shall be certified and signed by the president or vice-
president or general manager and also by the engineer of
the company; and any book of reference, required to be so
deposited, shall be prepared to the satisfaction of the
Board. Unless and until such plan, profile and book of
reference is so made satisfactory to the Board, the Board
may refuse to sanction the same, or to allow the same to
be deposited with the Board within the meaning of this
Act.

Further plans
as Board
requires.

(10) In addition to such plans, profiles and books of
reference, the company shall, with all reasonable expedi-
tion, prepare and deposit with the Board, any other, or
further plans, profiles, or books of reference of any por-
tion of the railway, or of any siding, station or works
thereof, which the Board may from time to time order or
require.

Registrar of
Deeds to
recei - e copies
of original
plan, etc.

Certified copy
of maps, etc.,
to be taken as
evidence.

Line not to
deviate more
than a mile.

(11) The Registrar of Deeds shall receive and retain the
copies of the original plans and surveys and books of re-
ference and copies of the plans and sections of alterations,
and copies and extracts thereof respectively, and shall
permit all persons interested to inspect any of the docu-
ments aforesaid, and to make copies and extracts of and
from the same, under penalty for default of $4.

(12) A copy of the said maps, plans, profiles and books of
reference or portions thereof certified by the Registrar of
Deeds or the Secretary shall in all courts be evidence that
such original document was so deposited at the time stated
and certified, and shall be prima facie proof of the original
so deposited, and that the same was signed, certified, at-
tested, or otherwise executed, by the persons, by whom,
and in the manner in which, the same purports to be
signed, certified, attested or executed, as shown or appear-
ing by such certified copy, and in the case of a plan, that
such plan is prepared according to a scale, and in manner
and form, sanctioned by the Board.

(13) No deviation of more than one mile from the line of
the railway or from the places assigned thereto in the said
map or plan and book of reference or plans or sections,
shall be made into, through, across, under or over any

part

1906.

RAILWAYS.

Chap. 30 231

part of the lands not shewn in such map or plan and book
of reference, or plans or sections, or within one mile of
the said line and place, save in such instances as are pro-
vided for in the special Act.

(14) The railway may be carried across or upon the E™g J," air-
lands of any person on the line, or within the distance son^enterea in
from such line as aforesaid, although the name of such reference,
person has not been entered in the book of reference
through error or any other cause, or although some other

person is erroneously mentioned as the owner of or en-
titled to convey, or is interested in such lands.

(15) A map and profile of the completed railway and of J£^aey to be
the land taken or obtained for the use thereof, shall, with- ^ ^j^f
in a reasonable time after completion of the undertaking, Board.

be made and filed in the office of the Board and like maps
of the parts thereof located in different counties shall be
filed in the registry offices for the registry divisions in.
which such parts are respectively situate.

TAKING OF LANDS WITHOUT THE CONSENT OP THE OWNERS.

60. The lands which may be taken without the consent E^*eSt of 1*nd

, J which may be

of the owner : — taken.

For the right of way shall not exceed one hundred feet in For right-of-
breadth except in places where the rail level is or is pro- way'
posed to be, more than five feet above or below the surface
of the adjacent lands, when such additional .width may
be taken as shall suffice to accommodate the slope and side
ditches ;

For stations, depots and yards, with the freight sheds, Forstations,
warehouses, wharves, elevators and other structures for the etc-
accommodation of traffic incidental thereto, shall not ex-
ceed one mile in length by five hundred feet in breadth,
including the width of the right of way.

61. — (1) All corporations and persons whatever, tenants corporation,
in tail or for life, guardians, executors, administrators, vlyiS'ds.COtt"
and all other trustees whatsoever, not only for and on

behalf of themselves, their heirs and successors, but also
for and on behalf of those whom they represent, whether
infants, issue unborn, lunatics, idiots, femes covert, or
other persons, seised, possessed of or interested in any
lands, may contract for, sell and convey unto the com-
pany all or any part thereof.

(2) The powers by the preceding sub-section con- Limitation of
f erred upon rectors in possession of glebe lands, ecclesias- certain ^ases. 1
tical and other corporations, trustees of land for church
and school purposes or either, shall only extend and be exer-
cised

232

Chap. 30.

RAILWAYS.

6 Edw. VII

Effect of sale
under preced-
ing section.

Disposition of

purchase

money.

Bffect of con-
tracts made
before deposit
of map.

cised with respect to any of such lands actually required for
the use and occupation of the company.

62. Any contract, agreement, sale, conveyance and
assurance made under the preceding section shall be valid
and effectual in law to all intents and purposes whatso-
ever, and shall vest in the company receiving the same,
the fee simple in the lands in such deed described, freed
and discharged from all trusts, restrictions and limita-
tions whatsoever, and the corporation or person so convey-
ing, is hereby indemnified for what it or he respectively
does by virtue of or in pursuance of this Act.

63. The company shall not be responsible for the dis-
position of any purchase money for lands taken by it for
its purposes, if paid to the owner of the land or into Court.

64. Any contract or agreement for the sale to the com-
pany of any lands made by any person authorized by this
Act to convey lands, and made before the deposit of the
map or plan and book of reference, and before the setting
out and ascertaining of the lands required for the railway,
shall if duly registered in the proper Registry Office be
binding upon subsequent purchasers of such lands at the
price agreed upon for the same lands, if they are afterwards
so set out and ascertained within one year from the date of
the contract or agreement, and although snch land may,
in the meantime have become the property of a third party;
and possession of the land may be taken, and the agreement
and price may be dealt with, as if such price had been fixed
by an award of arbitrators as hereinafter provided, and
the agreement shall be in the place of an award.

65. All corporations or persons who cannot in common
course of law sell or alienate any lands so set out and as-
certained, shall agree upon a fixed annual rent as an
equivalent, and not upon a principal sum, to be paid for
the lands; and if the amount of the rent is not fixed by
voluntary agreement or compromise, it shall be fixed and
all proceedings shall be regulated in the manner herein
prescribed; and for the payment of the said annual rent,
and every other annual rent agreed upon or ascertained,
and to be paid for the purchase of any lands, or for any
part of the purchase money of any lands, which the ven-
dor agrees to leave unpaid, the railway and the tolls there-
on shall be liable and chargeable in preference to all other
claims and demands thereon whatsoever, the deed creating
such charge and liability being duly registered in the
registry office of the proper registration district.

After one 66. After ten days from the deposit of the map or

o^0dneposit0ofCe plan an(^ book of reference, and from notice thereof in

Corporations
or persons,
who cannot
sell, may
agree upon a
fixed rent.

1906.

RAILWAYS.

Chap. 30

233

at least one newspaper, if there is any, published in each pi^tfon \oP
of the counties through which the railway is in- Pwner of
tended to pass, application may be made to the owners
of lands which may suffer damage from the tak-
ing of materials or the exercise of any of the powers
granted for the railway, and thereupon, agreements and
contracts may be made with such owners touching the
said lands, or the compensation to be paid for the same,
or for the damages, or as to the mode in which such com- v
pensation shall be ascertained, as may seem expedient to
both parties, and in case of disagreement between them
shall be settled as in section 68 mentioned.

67. The deposit of a map or plan and book of reference, Deposit, etc ,
and the notice of the deposit, shall be deemed a general Jf0Heefeneral
notice to all such persons as aforesaid of the lands which

will be required for the railway and works.

68. — (1) A notice shall be served upon the owner which Notice to op-

Shall Contain:— posite party.

(a) A description of the lands to be taken, or of the
powers intended to be exercised with regard to
any lands (describing them) :

(6) A declaration of readiness to pay some certain sum
or rent, as the case may be, as compensation
for such lands or for such damages ; and

(2) The notice shall be accompanied by the certificate of Certificate of
an Ontario Land Surveyor, disinterested in the matter ace^ripany
and not being the arbitrator named in the notice to the notice-
following effect: —

(a) That the land (if the notice relates to the taking

of land,) shewn on the map or plan, is required
for the railway, (or is within the limits of
deviation by this Act allowed ;)

(b) That he knows the land, or the amount of damage

likely to arise from the exercise of the powers;
and

(o) That the sum so offered is, in his opinion, a fair
compensation for the land, and for the dam-
ages as aforesaid. *

(3) If the owner is absent from the district or county in If tne Party >s
which the lands lie, or is unknown, then upon application tokno"1
a Judge of the County Court of the County in which the
lands lie, accompanied by such certificate as aforesaid, and
hy an affidavit of some officer of the company that such
owner is so absent, or that, after diligent inquiry, the owner

cnown .

234

Chap. 30.

RAILWAYS.

6 Edw. VII

Provision
when the
County Judge
is interested
in lands re-
quired for any
railway.

Party not ac-
cepting the
company's
offer, and not
appointing an
arbitrator.

Appointment
of arbitrator
by opposite
party.
Third,
arbitrator.

Party other
than company
commencing
proceedings
to determine
compensation.

Stating
amount found
payable in
award.

Duties of
arbitrators.

on whom the notice ought to be served cannot be ascer-
tained, the Judge shall order a notice as aforesaid, but
without such certificate, to be inserted three times in the
course of one month in some newspaper published in the
said .county.

(4) Where a Judge of a County Court is interested in
lands taken or required within the county in which he is a
Judge, by any company, for railway purposes, a Judge of
the High Court shall, on application of the company, exer-
cise in such case all the powers given to a J udge of a County
Court by the provisions of this section in cases in which such
Judge of a County Court is not interested.

(5) If within ten days after the service of the notice, or
within one month after the first publication thereof as
aforesaid, the person served does not notify the com-
pany of his acceptance of the sum offered by it, or notify
it of the name of a person whom he appoints as arbitra-
tor, the Judge shall, on the application of the company,
appoint an Ontario Land Surveyor, to be sole arbitrator for
determining the compensation to be paid as aforesaid.

(6) If the opposite party within the time aforesaid,
notifies the company of the name of his arbitrator, the two
arbitrators shall jointly appoint a third, or if they cannot
agree upon a third, the Judge shall, on the application of
the party or of the company (previous notice of at least one
clear day having been given to the other party), appoint a
third arbitrator.

(7) If lands have been entered on and taken by the com-
pany with or without the license of the person in posses-
sion thereof and without any agreement as to the com-
pensation to be paid therefor or if the lands, though not
taken, are injuriously affected by or through the construc-
tion of the railway, any owner or person interested in
such lands shall have the right to commence proceedings
to ascertain the compensation to which he is entitled in
respect of the lands so taken or injuriously affected, by
giving to the company notice in writing of the name of
a person to be appointed as his arbitrator, the description
of the lands taken or injuriously affected, and the amount
of compensation or damages claimed by him, and there-
upon like proceedings shall be taken to ascertain such
compensation as are prescribed in cases where the company
commences proceedings.

(8) The arbitrators, besides awarding to the owner the
amount which they find to be the value of the land, shall
state what they find to be the total amount to be paid to
compensate the owner or for damages.

(9) The arbitrators, or any two of them, or the sole
arbitrator, being sworn before a Justice of the Peace
or commissioner empowered to take affidavits, faith-
fully

1906.

RAILWAYS.

Chap. 30 235

fully and impartially to perform the duties of their office,
shall proceed to ascertain the compensation in such a way
as they or he, or a majority of them, deem best; but no
award shall be made or any official act be done by the
majority, except at a meeting held at a time and place of
which the other arbitrator has had at least one clear day's
notice, or to which some meeting at which the third arbi-
trator was present, had been adjourned; and no notice
to either of the parties shall be necessary, but each party *
shall be held sufficiently notified through the arbitrator
appointed by him, or whose appointment he required.

(10) In any arbitration under this Act the costs of the costs, in
arbitration shall be in the discretion of the arbitrator or arbitrators0*
arbitrators and if they are to be borne by the opposite

party to the company may be deducted from the compen-
sation awarded, and in any case they may if not agreed
upon be fixed by the arbitrator or arbitrators or taxed
by one of the taxing officers of the Supreme Court of Judi-
cature.

(11) The arbitrators, or a majority of them, or the sole Arbitrators
arbitrator, may examine on oath or solemn affirmation on oath,
the parties, or such witnesses as appear before him or them,

and may administer such oath or affirmation.

(12) Any party to an arbitration under this Act may, ^"rations
without leave or order, obtain and issue out of the High may obtain
Court, upon praecipe, setting forth the names of the wit- subpoenas-
nesses to be subpoenaed, the names of the arbitrators, and

the place and time of meeting, a subpoena commanding
the attendance for examination of any witness, and also
the production of any document to or before the arbitra-
tor or arbitrators, and at the time and place mentioned in
such subpoena ; and the disobedience of such subpoena shall Disobedience
be deemed a contempt of court, and shall be punishable contempt of
in the same manner and to the like extent as in the case Court-
of subpoenas issued in a civil case.

(13) The like fees shall be payable for such subpoenas Fees and con-
as in the case of subpoenas issued in civil cases, and the duct money-
witnesses shall be entitled to the like conduct money.

(14) The evidence shall be taken down in writing, and ^idence to be
after making their award the arbitrators shall forthwith de- writing,
liver or transmit by registered letter, at the request of either

party in writing the depositions, together with the exhibits transmuted to
referred to therein, and all papers connected with the refer- central office,
ence, except the award, to the central office of the High
Court of Justice with the proper stamps (which shall be fur-
nished by the party making the request) to be filed with
the Records of the Court.

(15) The Judge by whom a third arbitrator or sole arbi- ^^wird
trator is appointed, shall, at the same time, fix a day on must be made,
or before which the award shall be made.

(16)

236

Chap. 30.

RAILWAYS.

6 Edw. VII

Arbitrator
dying, etc.

When proceed
ings may be
abandoned.

Awards not
voided for
want of form.

Parties to ar-
bitration may
appeal to a
Judge of the
High Court.

Practice and
proceedings
upon appeal.

Kxisting prac-
tice as to set-
ting aside
awards con-
tinued.

Possession
may be taken
on payment or
tender, etc., of
sum awarded.

(16) If the arbitrator appointed by the Judge, or if any
arbitrator appointed by the parties, dies before the awaid
has been made, or is disqualified, or refuses or fails to act
within a reasonable time, or refuses or neglects to make
his award within the time fixed, then, in the case of the
arbitrator appointed by the Judge, upon the application of
either party, such Judge being satisfied by affidavit or
otherwise of such death, disqualification, refusal or
failure, may appoint another arbitrator in his place, and
the company and party respectively may each appoint an
arbitrator in the place of his arbitrator deceased or not
acting as aforesaid, but no recommencement or repetition
of prior proceedings shall be required in any case, pro-
vided that the proceedings may be commenced de novo if
the majority of the arbitrators so order.

(17) Any notice given or proceedings commenced may
prior to the making of the award be abandoned and new
notice given, with regard to the same or other lands, io
the same or any other party, but in such case, the lia-
bility to the party first notified for all damages or costs by
him incurred in consequence of the giving of the first
notice shall continue ; provided, however, that the right
to abandon proceedings shall not be exercised more than
once.

(18) No award made as aforesaid shall be invalidated by
reason of any want of form or other technical objection,
if the requirements of this Act have been complied with,
and if the award states clearly the sum awarded, and the
lands or other property, right or thing for which such
sum is to be the compensation ; nor shall it be necessary
that the person or persons, to whom the sum is to be paid,
be named in the award.

(19) Any party to the arbitration may, within one
month, after receiving a written notice from one of the
arbitrators of the making of the award, appeal therefrom
upon any question of law or fact to a Judge of the High
Court and upon the hearing of the appeal the Judge shall,
if the same is a question of fact, decide the same upon
the evidence, as in a case of original jurisdiction.

(20) Upon such appeal the practice and proceedings shall
be, as nearly as may be, the same as upon an appeal from
an Official Referee under The Arbitration Act, subject to
any General Rules or Orders to be from time to time
made under The Judicature Act.

(21) The right of appeal hereby given shall not affect
(lie existing law or practice as to setting aside awards.

(22) Upon payment or legal tender of the compensation
or annual rent so awarded or agreed upon as aforesaid to
the person entitled to receive the same, or upon the deposit
of the amount of such compensation in the manner here-
inafter mentioned, the award or agreement shall vest in

thn

190(5.

RAILWAYS.

Chap. 30

237

the company the power forthwith to take possession of the
lands, or to exercise the right, or to do the thing for which
such compensation or annual rent has been awarded or
agreed upon ; and if any resistance or forcible opposition
is made by any person to their so doing, the Judge of the
county in which the lands lie, or any Judge of the High
Court of Justice may, on proof to his satisfaction of such v
award or agreement, issue his warrant to the sheriff of the
district or county, as he may deem most suitable, to put the
company in possession, and to put down such resistance or
opposition, which the sheriff, taking with him sufficient
assistance, shall accordingly do.

(23) The warrant may also be granted by such Judge when warrant

. , , - J /*»!''• i * P of possession

without the award or agreement, on athdavit to his satis- may issue
faction that the immediate possession of the lands or of bef ore award ■
the power to do the thing mentioned in the notice, is ne-
cessary to carry on some part of the railway with which
the company is ready forthwith to proceed.

(24J The -Judge shall not grant any warrant under the procedure
next preceding subsection, unless ten days' previous notice tionnfOTsucCh"
of the time and place when and where the application forwarrant-
such warrant is to be marie has been served upon the owner
of the land or the person empowered to convey the land
or interested in the land sought to be taken, or which
may suffer damage from the taken ot' materials sought
to be taken, or the exercise of the powers sought to be ex-
ercised, or the doing of the thing sought to be done, by
the company; and unless the company gives security to
his satisfaction by payment into court of a sum in his esti-
mation sufficient to cover the probable compensation and Deposit of
costs of the arbitration, and not less than double the amount compensatlon'
mentioned in the notice served under subsection (1) of
this section.

(25) The costs of any such application to, and of any costs of
such hearing before, the judge, shall be in the discretion apphcatIon'
of the Judge, and no part of such deposit or of any inter-
est thereon shall be repaid, or paid to such compauy, or paid

to such owner or party, without an order from the judge,
which he may make in accordance with the terms of . the
award

(26) The compensation for any lands which may be when com-
taken without the consent of the owner shall stand in stand in the
the stead of such lands; and any claim to or incumbrance ,p^eof the
upon the said lands, or any portion thereof, shall, as
against the company, be converted into a claim to the com-
pensation, or to a like proportion thereof and it shall

be responsible accordingly whenever it has paid the
compensation, or any part thereof, to a party not entitled
to receive the same, s iving always its recourse against such
party.

(27)

238 Chap. 30.

RAILWAYS.

6 E.lvv. VII

Astoincum- (27) If the company lias reason to fear any claim or
uponTanls^'' incumbrance, or if any person to whom compensation or
orCt'akenChased annua^ rent> or ariy Part thereof is payable, refuses to
execute the proper conveyance and guarantee, or if the per-
son entitled to claim the same cannot be found, or is un-
known to the company, or if for any other reason the com-
pany deems it advisable, the company may, by leave of a
Judge of the High Court of Justice, pay the compensation
into the office of the Accountant of the Supreme Court of
Judicature, together with interest i hereon for six months,
and with such further sum if such Judge so directs as
may, in the opinion of such Judge, be sufficient to cover
the expenses of advertising and the costs that may be
incurred in consequence of such payment into Court, and
may deliver to the said Accountant an authentic copy of
the conveyance, or ot the award or agreement if there be
no conveyance, and such award or agieement shall there-
after be deemed to be the title of the company to the land
therein mentioned.

to be'pub-106 (28) A notice, in such form and for such time as a Judge
hshed. Q£ j.Re High Court may order shall be inserted in some

newspaper if there is any published in the county in which
the lands are situated, which shall state that the title of the
company, that is, the conveyance, agreement or award,
is under this Act, and shall call upon all persons entitled
to the land, or to any part thereof, or representing any
persons so entitled, to file their claims to the compensation
or any part thereof, and all such claims shall be received
and adjudicated upon by the Court, and the said proceed-
ings shall forever bar all claims to the lands, or any part
thereof, including dower, as well as all mortgages and en-
cumbrances upon the same ; and the Court shall make such
order for the distribution, payment or investment of the
compensation, and for the securing of the rights of all
parties interested as may be proper.

Bywhomcosts (29) The costs of such proceedings shall be raid bv such

to be paid. r\ l

party as the Oourt may order,
when interest (30) If such order of distribution as aforesaid is ob-

to be returned

to or paid by tained in less than six months from the payment of the
t. if company. compensafcion }nt0 Court, the Court shall direct a propor-
tionate part of the interest to be returned to the company ;
and if from any error, fault or neglect of the company,
is not obtained until after the six months have expired,
the Court shall order the company to pay to the proper1
claimants the interest for such further period as may be
right.

Gravel Pits, etc.

Acquiring 69. — (1) When stone, gravel, earth, sand or water is or

contraction are required for the construction or maintenance of the
railway or any part thereof, the company may in case it

cannot

1906.

RAILWAYS.

Chap. 30 239

cannot agree with the owner of the lands on which the
same are situate for the purchase thereof, cause an Ontario
land surveyor to make a map and description of the pro-
perty so required, and it shall serve a copy thereof,
with its notice of arbitration, as in case of acquiring
the roadway, and the notice of arbitration, the award and
the tender of compensation shall have the same effect as
in case of arbitration for the roadway, and all the provi- v
sions of this Act, as to the service of the said notice, ar-
bitration, compensation, deeds, payment of money into
court, the right to sell, the right to convey, and the parties
from whom the land may be taken, or who may sell, shall
apply to the subject matter of this section, as. to the ob-
taining materials as aforesaid, and such proceedings may
be had by the company either for the right to the fee
simple in the land from which said materials shall be
taken, or for the right to take materials for any time it
shall think necessary, the notice of arbitration, in case
arbitration is resorted to, to state the interest required.

(2) When said gravel, stone, earth, sand or water siding to
shall be taken under the preceding subsection of this section Kravel pit-
at a distance from the line of the railway the company may
lay down the necessary sidings and tracks over any
lands which may intervene between the railway and the
lands on which said materials shall be found, whatever
the distance may be; and all the provisions of this Act,
except such as relate to filing plans and publication of
notice, shall apply and may be used and exercised to ob-
tain the right of way from the railway to the land on
which such materials are situated, and such right may be
so acquired for a term of vears or permanently as the com-
pany may think proper, and the powers in this and the
preceding section may at all times be exercised and used
in all respects after the railway is constructed for the
purpose of repairing and maintaining the said railway.

Switches and Sidings to Industries.

70. — (1) In case the council of a municipality by by-law Expropriation
declares that it is desirable and expedient that an elevator $munici-nt
or manufactory or other industry or business should have Paljty ln

.,. A , . -1 j. j.i • « i certain eases.

a siding or switch from any railway to the premises of such
elevator, manufactory, industry or business, and that
the company should have powers of expropriation
for the purpose of securing, within the limits of
the municipality, the necessary right of way for
that purpose as set forth in the by-law, and if
the Board certifies that the building of the proposed siding
or switch across the lands as set forth in the by-law will
be for the advantage or convenience of the public, the
company, upon the registration by the council of the by-
law and certificate in the proper Registry Office, shall in

respect

240 Chap. 30.

RAILWAYS.

6 Edw. VII

Proviso.

Tracks, etc.,
not to be used
for other
purposes.

respect of the said lands, possess the powers of expropria-
tion conferred by this Act. Provided, however, that no
such by-law shall be passed by the council of any munici-
pality until all owners of lands, across which the proposed
siding or switch is to run, have had at least one week's
previous notice in writing of the time when such by-law
is to be considered by the said council.

(2) The tracks of the sidings or switches constructed or
laid by the company under this section shall not be
used for any purpose other than for the purposes
mentioned, except by leave of the Board and subject to
such terms and conditions as the Board sees fit to impose.

When com-
pany may
purchase
whole of any
lot of land
traversed.

Purchase of More Land than Necessary .

71. Whenever the company can purchase a larger quan-
tity of land from any particular owner at a more reasonable
price, on the average, or on more advantageous terms, than
it could obtain the portion thereof which it may take from
him without his consent, it may purchase such larger
quantity, and upon such purchase may sell and dispose of
any part thereof which may be unnecessary for the under-
taking.

Snow Fences, Etc.

72. Every company may, on and after the first day of
November, in each year, enter into and upon any lands
of His Majesty, or of any person, lying along the route
or line of the railway, and may erect and maintain snow
fences thereon, subject to the payment of such damages, if
any, as are thereafter established, in the manner provided
by this Act, to have been actually suffered ; but every snow
fence so erected shall be removed on or before the first day
of April then next following.

Use of Adjacent Lands During Construction.

use of lands 73. The company, either for the purpose of construct-
or way'dudng1 in& or repairing its railway or for the purpose of carrying
construction out the requirements of the Board, or in the exercise of
railway. the powers conferred upon it by the Board, may enter
upon any land which is not more than six hundred feet
distant from the centre of the located line of the railway,
and may occupy the said land as long as is necessary for
the purposes aforesaid; and all the provisions of law at
any time applicable to the taking of land by the company,
and its valuation, and the compensation therefor, shall
apply to the case of any land so required; but before
entering upon any land for the purposes aforesaid, the
company shall, in case the consent of the owner is not ob-
tain oil.

Erection of
8nowLfences.

Compensa-
ton.

Removal.

1906.

RAILWAYS.

Chap. 30 241

tained, pay into Court, such sum, with interest thereon Deposit where
for six months, as is, after two clear days' notice to the °w°?^dot*
owner of the land, or to the person empowered to convey 0 me
the same, or interested therein, fixed by a judge of the
High Court. Such deposit shall be retained to answer any*
compensation which may be awarded the person entitled
thereto, and may upon order of a judge of such court, be
paid out to such person in satisfaction pro tanto of such ££™pensa~
award; the surplus, if any, thereafter remaining shall by v
order of the judge, be repaid to the company, and any
deficiency therein to satisfy such award shall be forth-
with paid by the company to the person entitled to com-
pensation under such award.

Proceedings where more ample space is required.

74. — (1) Should the company require, at any point on where more
the railway, more ample space than it then possesses or remuired.ace'
may take under this Act, for the convenient accommoda-
tion of the public, or the traffic on its railway, or for pro-
tection against snowdrifts, it may apply to the Board for
authority to take the same, for such purposes, without the
consent of the owner.

(2) The company shall give ten day's notice of such ap- Procedure
plication to the owner or possessor of such lands, and shall thereon-
furnish copies of such notices, with affidavits of the ser- Notice,
vice thereof, to the Board upon such application.

(3) The company, upon such application, shall also fur- ^^must
nish to the Board, in duplicate, — include.

(a) A plan, profile and book of reference of the portion of
the railway affected, showing the additional lands requir-
ed, and certified as provided in section 59 of this Act.

(b) An application, in writing, for authority to take such
lands, certified and signed by any of the officers mentioned
in subsection 9 of section 59 of this Act, referring to the
plan, profile and book of reference, specifying definitely
and in detail the purposes for which each portion of the
lands are required, and the necessity for the same, and
showing that no other land suitable for such purposes can
be acquired at such place on reasonable terms and with less
injury to private rights.

(4) After the time stated in the aforementioned notices, Authority
and the hearing of such parties interested as may appear, from Board-
the Board may, in its discretion, and upon such terms and
conditions as the Board deems expedient, authorize in
writing the taking, for the said purposes, of the whole or

any portion of the lands applied for. Such authority
shall be executed in duplicate, one to be filed with the qH^1 with
plan, profile, book of reference, application and notices
16 s. with

242

Chap. 30.

RAILWAYS.

6 Edw. VII

Deposit with
registrar of
deeds.

Sections of
Act to apply

Exceptions.

with the Board, and the other, with the duplicate plan,
profile, book of reference and application, to be delivered
to the company.

(5) Such duplicate authority, plan, profile, book of re-
ference and application, or copies thereof certified as such
by the Secretary shall be deposited with the registrars of
deeds of the districts or counties, respectively, in which
such lands are situate.

(6) All the provisions of this Act applicable to the taking
of lands for the right of way, or main line, of the railway
without the consent of the owner of such lands, shall ap-
ply to the lands authorized to be taken under this section.

CONSTRUCTION OF THE RAILWAY.

Gauge.

75. The tracks of every railway and street railway, the
construction of which railway or street railway shall be
commenced after the coming into force of this Act, shall
be of the standard gauge of four feet eight and one-half
inches, unless the Board upon the application of tne
railway or street railway company about to commence con-
struction as aforesaid shall otherwise order.

Trains, Cars and Appliances.

Communica-
tion with
engine driver.

Brakes.

On trains
carrying
passengers
the brakes
must—

Be( continuous
and instan-
taneous.

Be self-apply-
ing in case of
accident.

Couplers.

76. — (1) In all trains there shall be an apparatus or
appliance to provide immediate communication between
the conductor while in any car of any passenger train,
and the engine driver or motor man.

(2) All brakes shall be of such design and construction
as to check at will the speed of the train, and bring the
same safely to a standstill, as expeditiously as possible,
and on all the trains carrying passengers the system of
brakes shall comply with the following requirements : —

(a) The brakes shall be continuous and must be in-
stantaneous in action, and capable of being applied at
will by the motor man, engine driver, conductor or brake-
man ;

(b) The brake must be self-applying in the event of
any failure in the continuity of its action ;

(3) All couplers shall be such as to securely couple and
connect the cars composing the train, and to attach the
engine or locomotive to such train, automatically by im-
pact, and which can be uncoupled without the necessity
of men going in between the ends of the cars;

I6as. (4)

190G.

If All. WAYS .

Chap. 30

243

(4) All box freight cars of the company built after the^^|ht
passing of this Act, shall be equipped with the following f;ir^Ie^defcith
attachments for the security of railway employees : —

(a) Outside ladders, on two of the diagonally opposite
ends and sides of each car, projecting below the frame of
the car, with one step or rung of the ladder below the
frame, the ladders being placed close to the ends and sides
to which they are attached ;

(b) Hand grips placed anglewise over the ladders of
each box car and so arranged as to assist persons in climb-
ing on the roof by means of the ladder.

(5) All cars built prior to the passing of this Act shall ^ulp^aVith
be fitted with such attachments before the first day of J an- side attach-
uary, 1907, provided that, if there is at any time any 1907! s e°
other improved side attachment which, in the opinion of

the Board, is better calculated to promote the safety of the
train hands, then the Board may require any of such cars
not already fitted with the side attachments first men- ■
tioned, to be fitted with the said improved attachment.

(6) Every company shall adopt and use upon all its roll- ^rea'whbars
ing stock such height of draw-bars as the Board determines

in accordance with any standard from time to time adopt-
ed by competent railway authorities.

(7) Every passenger, baggage, mail and express car, safeguards '-■

l • l • j i 1 i "i ■ ji • against fire in I

wlncn is owned or regularly used on any railway m this cars.
Province, in which heating apparatus may be placed, shall
be provided with such safeguards against fire as the board
in writing shall from time to time approve.

(8) Every company shall provide and cause to be used Train

on all trains such modern and efficient locomotives, motors, be provided
cars and carriages, apparatus, appliances and means as may
be required or ordered by the Board, and the company shall
alter such locomotives, motors, cars and carriages, appara-
tus, appliances and means or renew the same from time to
time as the Board may order.

(9) Every company which fails to comply with any of the penalty for
provisions of this section, shall forfeit to His Majesty, a p^nc0™"
sum not exceeding two hundred dollars, for every day
during which such default continues, and shall, as well,
be liable to pay to all such persons as are injured by rea-
son of the non-compliance with these provisions, or to
their representatives, such damages as they are legally Dama^es
entitled to, notwithstanding any agreement to the con_ Agreements to
trary with regard to any such person : Provided however contrary
that no proceedings shall be instituted to enforce or re- mva 1
cover any forfeiture to His Majesty hereunder without proseraUon.
the consent of the Board first obtained.

244

Chap. 30.

RAILWAYS.

6 Edw. VII

to°ha™e°bens 77. Every locomotive, engine and electric locomotive
or whistles. shall be furnished with a bell of at least thirty pounds
weight or with a steam or air whistle.

whistles"*1 ^veiT car which contains a motor or which runs at

the head of a train shall be furnished with a gong, to be
approved by regulation of the Board, or with an air whistle.

Protection of
conductors and

79. — (1) All cars in use for the transportation of pas-
motormen. sengers in November, December, January, February, March
and April in each year, which, while in motion, require the
constant care or service of a motorman upon the platforms
of the car or upon one of them, shall have their platforms
so enclosed as to protect the motormen from exposure to
wind and weather in such manned as the Board shall ap-
prove.

(2) All companies operating their cars without rear end

vestibules shall allow the conductors employed on such
cars to stand inside the cars so far as is consistent with
the proper, performance of their duties during the said
period.

(3) Every motor car built after the passing of this Act
designed for carrying passengers upon a railway operated
by electricity shall be so constructed that the motorman
having the control of the motive power shall be stationed

in a compartment into which no person shall be admitted
save the officers or employees of the company on duty, and
no person other than such officers or employees shall be per-
mitted to occupy any portion of such compartment or vesti-
bule.

(4) Any company offendino: against the provisions of
this section shall be liable to a penalty of one hundred dol-
lars for each offence and any person offending against the
provisions of this section is liable on summary conviction to
a fine of not less than two dollars nor more than fifty dollars
or imprisonment for not more than one month with or with-
out hard labour or both.

(5) This section shall only apply to railways operated by
electricity, and street railways.

Power to

80. The Board may by order applicable either generally
mentsyofreqUir or *n one °* more particular cases, alter or modify, any of
sections 76-79. the requirements of sections 76 to 79 hereof.

stopping 81. Railways operated by electricity shall stop at such

places. places in addition to those fixed by the by-laws or regu-

lations of the company as the Board may from time to time
by resolution direct and order.

82.

1906.

RAILWAYS.

Chap. 30

24.')

82. — (1) Open or summer cars, constructed after the
first day of January, 1907, for use upon a railway oper-
ated by electricity or upon a street railway snail be so
arranged or constructed that the seats for passengers will
face the front of the car when in motion, and an a^sle suf-
ficiently wide to allow the passage of the conductor shall be
provided in every such car.

(2) The side steps on such cars shall be so constructed, if side»?tePs
practicable, that passengers will be prevented from stand-
ing upon the same while the car is in motion.

(3) This section shall apply only to railways and street £pp^'
railways not yet constructed and to railways and street
railways already constructed where the space between the
tracks commonly called the devil strip is, in the opinion
of the Board, sufficiently wide to allow the cars to be con-
structed as provided in subsection 1 of this section.

(4) In all cases of dispute between a railway or street ^f"<jebyt0 be
railway company and a municipal corporation or any Board,
person making complaint to the Board as to sufficiency of

width, practicability of construction of cars or as to any
other matter or thing referred to in this section, the Board
shall be the final judge, and any order made by the Board
as to any such matter shall be carried out and fulfilled by
the company and the municipal corporation or either or
both of them according to the terms of such order.

(5) No passenger shall stand upon the side steps of any Passengers not

« j *i 1 1 fi i * ii • i ii to stQ.iid on siiie

car for a greater length of time than is necessary to enable steps,
him to enter or leave the same, and any person offending
against the provisions of this subsection shall incur a penalty
of not less than |2 or more than flO besides costs to
be recovered on summary conviction.

THE ROAD BED AND ADJACENT LANDS.

Frogs, Packing, etc.

83. — (1) In this section the expression "packing" means interpretation,
a packing of wood or metal, or some equally substantial
and solid material, of not less than two inches in thickness, ' Pac ing'
and which, where by this section any space is required
to be filled in, shall extend to within one and a half inches
of the crown of the rails in use on any such railway, shall
be neatlv fitted so as to come against the web of such rails,
and shall be well and solidly fastened to the ties on which
such rails are laid.

(2)

246 Chap. 30. railways. 6 Edw. VII

Packing of
frogs, etc.

Packing of
wing-rails, etc

Exception in

after cases .

(2) The spaces behind and in front of every railway frog

or crossing, and between the fixed rails of every switch
where such spaces are less than four inches in width, shall
be filled with packing up to the under side of the head
of the rail.

(3) The spaces between any wing rail and any railway

frog, and between any guard rail and the track rail along-
side of it, shall be filled with packing at their splayed ends,
so that the whole splay shall be so filled where the width
of the space between the rails is less than four inches ;
such packing not to reach higher than to the under side
of the head of the rail; provided however, that the Board
may allow the filling and packing mentioned in this sec-
tion to be left out, from the month of December to the
month of April in each year, both months included, or be-
tween any such dates as the Board by regulation, or in any
particular case, determines.

Oil cups.

(4) The oil cups or other appliances, used for oiling the
valves of every locomotive in use upon any steam railway
shall be such that no employee shall be required to go out-
side the cab of the locomotive, while the same is in motion,
for the purpose of oiling such valves.

Drainage.

Drainage by
company .

Necessary
drainage may
b» ordered by

ird

84. — (1) The company shall in constructing the railway
make and maintain suitable ditches and drains along each
side of, and across and under the railway, to connect with
ditches, drains, drainage works and watercourses upon the
lands through which the railway runs, so as to afford suffi-
cient outlet to drain and carry off the water, and so that
the then natural, artificial, or existing drainage of the
said lands shall not be obstructed or impeded by the rail-
way.

(2) Whenever any lands are injuriously affected by rea-
son of the drainage upon, along, across, or under the rail-
way being insufficient to drain and carry off the water
from such lands, or whenever any municipality or land-
owner desires to obtain means of drainage, or the right to
lay water pipes or other pipes, temporarily or permanent-
ly, through, along, upon, across or under the railway or
any works or lands of the company, the Board may, upon
the application or complaint of the municipality or land-
owner, order the company to construct such drainage or
lay such pipes, and may require the applicant to submit
to the Board a plan and profile of the portion of the rail-
way to be affected, or may direct an inspecting engineer,
or such other person as it deems advisable to appoint, to

inspect

1906.

KAIL WAYS.

Chap. 30 247

inspect the locality in question and, if expedient, there
hold an inquiry as to the necessity or requirements for
such drainage or pipes, and to make a full report thereon
to the Board ; the Board may upon such report, or in its
discretion, order how, where, when, by whom, and upon
what terms and conditions, such drainage may be effected,
or pipes laid, constructed and maintained, having due
regard to all proper interests.

85. — (1) Whenever by virtue of any Act of the Province ^eiFn^'unde
of Ontario proceedings may be had or taken by any munici- £™Jincial
pality or landowner for any drainage, or drainage works,
or for the construction, enlargement, improvement or ex-
tension of any ditch or watercourse upon or across the
property of any landowner in the Province, proceedings
may be had or taken under such Act by such municipality
or landowner for the construction, enlargement, improve-
ment or extension of the ditch or watercourse upon and
across the railway and lands of the company, at the option
of such municipality or landowner, in the place of the
proceedings before the Board as in the next preceding sec-
tion provided, and thereupon such Act shall apply to the
lands of the company upon or across which such drainage
or other work is required, to the same extent as to the
lands of any landowner, subject, however, to any previous
order or direction of the Board made or given with res-
pect to drainage of the same lands, and provided that the
company shall have the option of constructing the portion
of any drain or drainage work, or ditch or watercourse,
required to be constructed upon, along, under or across
its railway or lands, and in the event of the company not
exercising such option, and completing such work within
a reasonable time, without any unnecessary delay, such
work may be constructed or completed in the same manner
as any other portions of such work are to be constructed
under the provisions of such Act; provided always that
no drainage works or ditch or watercourse shall be con- Board™ °f
structed or reconstructed upon, along, under or across the
railway or lands of the company until the character of
such works or the specifications or plans thereof have been
first submitted to and approved of by the Board.

(2) The proportion of the cost of the drain or drainage cost of work,
works, or of such ditch or watercourse, across or upon the
railway to be borne by the company shall in all such cases
be based upon the increase of cost of such work caused by
the construction and operation of the railway.

Farm Crossings .

86. — (1) Every company shall make crossings for persons Farm
across whose lands the railway is carried, convenient and cross11

proper

248

Chap. 30.

RAILWAYS .

6 Edw. VII

proper for the crossing of the railway for farm purposes.
In crossing with live stock, such live stock shall be in
charge of some competent person, who shall use all rea-
sonable care and precaution to avoid accidents.

Sngsmay ^ The Board may> uPon the application of any land-

be ordered owner, order the company to provide and construct a suit-
able farm crossing across the railway, wherever in any case
the Board deems it necessary for the proper enjoyment
of his land, on either side of the railway, and safe in the
public interest; and may order and direct how, when,
where, by whom, and upon what terms and conditions,
such farm crossing shall be constructed and maintained.

Fences, Gates and Cattle- guards.

Fences, etc., 87. — (1) The company shall erect and maintain upon
tobekeptup. ^e Ta[\waj} fences, gates and cattleguards, as follows: —

Fences to be (a) On each side of all that portion of the railway
eachsfdenof which is not passing along or across a public highway
railway. fences shall be erected and maintained of the beight and
strength of an ordinary division fence.

Gates. (b) Swing gates in such fences, of the height of the

fence, with proper hinges and fastenings, at farm cross-
ings ; provided that sliding or hurdle gates, constructed
prior to the passing of this Act, may be maintained.

Cattle-guards. (c) Cattle-guards, on each side of the highway, at every
highway crossing at rail-level by the railway. The rail-
way fences at every such crossing shall be turned into the
respective cattle-guards on each side of the highway. This
provision shall not apply where a railway is being operated
along a public highway.

to be suitable. (2) Such fences, gates and cattle-guards shall be suitable
and sufficient to prevent cattle, horses and other animals
from getting on the railway.

(3) Until such fences, gates and cattle guards are duly
made, the company shall be liable for all damages which
may be done by their motors, cars, carriages or trains to
cattle, horses or other animals on that part of the railway
hereby required to be fenced.

(4) Whenever the railway nasses through any locality
in which the lands on either side of the railway are not
improved or settled, and enclosed, the company shall not
be required to erect and maintain such fences, gates and
cattle-guards unless the Board otherwise orders or directs.

Liability of
company until
cattle-guards
erected.

If lands are
not settled
and inclosed.

Land owners
must close
gates at farm
crossings.

(5) The persons for whose use farm crossings are fur-
nished shall keep the gates at each side of the railway
closed when not in use; and no person, any of whose cattle

horses

1906.

RAILWAYS.

Chap. 30 249

horses or other animals are killed or injured by any train,
owing to the non-observance of this section, shall have any
right of action against any company in respect to the same
being so killed or injured.

(6) Every person who wilfully leaves any such gate opening gates
open without some person being at or near it to prevent
animals from passing through it on the railway, or who Taking down
takes down any part of a railway fence, or turns anytences'
horses, cattle or other animals, upon or within the inclosure Putting cattle
of such railway, except for the purpose of, and while, on rallway3
taking the same across the railway in the manner pro-
vided by this Act, or who, except as authorized by this Act,
rides, leads or drives any horses, cattle or other animal, or Permitting
suffers amy such horses, cattle or animals to enter upon such o™ ranwaysSet
railway and within the fences and guards, is liable, on sum-
mary conviction, to a penalty of twenty dollars for each of-
fence, and is also liable to the railway company for any penalties for
damage to the property of the company or for which thesodoing-
company may be responsible by reason of such gate being so
left open, or by reason of such fence being so taken down,
or by the turning, riding, leading, driving or suffer-
ing to enter, upon or within the inclosure of such rail-
way in violation of this section of any horse, cattle or other
animals, and no person, any of whose horses, cattle or other
animals are killed or injured by any train owing to the non- no recourse
observance of this section shall have any right of action asainst
against any company in respect to the same being so killed
or injured. Every person violating the provisions of this
section shall in addition to the penalty herein provided be damages.'1
liable to pay any person injured by reason of such violation
all damages sustained thereby.

Bridges, Tunnels and other Structures.

88. — (1) Every bridge, tunnel or other erection or struc- Headway
ture, over, through or under which any railway, now or bridges'and
hereafter, passes, shall be so constructed, and, if need be, tunnels-
re-constructed or altered within such time as the Board
may order, and shall thereafter be so maintained, as to
afford, at all times, an open and clear headway of at least
seven feet between the top of the highest freight car used
on the railway and the lowest beams, members or portions
of that part of such bridge, tunnel, erection or structure,
which is directly over the space liable to be traversed by
such car in passing thereunder; but in no case shall the
space between the rail-level and such beams, members or
portions of any such structure, hereafter constructed, be
less than twenty-two feet six inches, unless by leave of
the Board;

(2) If, in any case, it is necessary to raise, reconstruct B™re™°leie
or alter any bridge, tunnel, erection or structure not owned owners refuse

250

Chap. 30.

KAIL WATS.

6 Edw. VII

to permit by the company, the Board, upon application of the com-
eompiiance. pany and upon notice to all parties interested, or without
any application, mav make such order, allowing or re-
quiring such raising, reconstruction or alteration, upon
such terms and conditions as to the Board shall appear
just and proper and in the public interest.

?^mp™certain (3) The Board may exempt from the operation of t hU
bridges, etc. section any bridge, tunnel, erection or structure, over,
through or under which no trains are run, except trains
operated by electricity and except such as are equipped with
air brakes.

Penalty. (4) Every company or owner shall incur a penalty not

exceeding fifty dollars for each day of wilful neglect,
omission or refusal to obev the provisions of this section.

Proceedings
before con-
struction.

over^feet'' — ^ With respect to all bridges, tunnels, viaducts

long. trestles, or other structures, through, over, or under which

the company's trains are to pass, the span, or proposed
span or spans, or length of which exceeds eighteen feet,
the company shall not commence the construction, or re-
construction, of, or any material alteration in, any such
bridge, tunnel, viaduct, trestle, or other structure, until
leave therefor has been obtained from the Board, unless
such construction, reconstruction, or alteration is made
in accordance with standard specifications and plans ap-
proved by the Board.

(2) Upon any application to the Board for such leave,

the company shall submit to the Board the detail plans,
profiles, drawings and specifications of any such work pro-
posed to be constructed, and such other plans, profiles,
drawings and specifications as the Board may in any case,
or by regulation, require.

Highway Crossings.

hfghway.on . 90.— (1) Subject to the provisions of this Act respect-
consent of ing the operation of railways along highways, the rail-
municipaiity. wav may be carried along or across an existing highway

upon leave therefor having been first obtained from the

Board as hereinafter provided.

(2) No obstruction of such highway with the works shall
be made without turning the highway so as to leave an
open and good passage for carriages, and, on completion
of the works, restoring the highway to as good condition,
as nearly as possible, as it was originally.

(3) Every company which violates the provisions of this
section shall incur a penalty of not less than forty dollars
for each such violation.

No obstruction
permitted.

Restoration of
highway.

Penalty.

i^chttbetween ^7nenever ^h.e railway crosses any highway at rail-

ran and levels, level , whether the level of the highway rpmains undisturbed

1906. railways. Chap. 30 251

or is raised or lowered to conform to the grade of the °ferhtj1^(fy
railway, the top of the rail may, when the works are com-
pleted, rise above or sink below the level of the highway
to the extent of one inch without being deemed an obstruc-
tion, unless otherwise directed by the Board.

92. — (1) Upon any application for leave to construct the Clan of
railway across an existing highway, or to construct a high- highway to be
way across an existing railway, the applicant shall submit s"^muted"

a plan and profile of such crossing, showing the portion
of railway or highway affected, to the Board. The Board
may by order grant such application upon such terms and
conditions as to protection, safety and convenience of the
public, as it may deem expedient, or may order that the
highway be carried over or under the railway, or be tem-
porarily or permanently diverted, and that such works be
executed, watchmen or other persons employed, gates Board in such
erected or measures taken as under the circumstances ap- case"
pear to the Board best adapted to remove or diminish the
danger or obstruction arising or likely to arise therefrom.

(2) The highway at any overhead railway crossing shall Overhead
not at any time be narrowed by means of an abutment or
structure to an extent less than twenty feet, nor shall the
clear headway from the surface of the highway to the
centre of any overhead structure constructed after the
passing of this Act be less than fourteen feet, unless other-
wise directed or permitted by the Board.

93. Where any railway is already constructed across any as to existing
highway, the Board may order the company within a speci- crossings-
fied time to submit to the Board a plan and profile of such
portion of the railway, and may, upon such submission,

make any order in respect thereto that may to the Board
seem proper.

94. Every structure, by which any highway is carried ah structures
over or under any railway, shall be so constructed, and, "nltofcted6'5^
at all times, be so maintained, as to afford safe and ade- ^1ine™ain"
quate facilities for all traffic passing over, under or
through such structure.

95. The inclination of the ascent or descent, as the case inclination of
may be, of any approach by which any highway is carried hlghway-
over or under any railway, or across it at rail level, shall

not be greater than one foot of rise or fall for every twenty
feet of the horizontal length of such approach, unless the
Board directs otherwise ; and a good and sufficient fence
shall be made on each side of such approach, and of the
structure connected with it, which fence shall be at least Fenci
four feet six inches in height from the surface of the approaches,
approach or structure.

96.

252

Chap. 30.

RAILWAYS.

6 Edw. YII

Signboards
at level
crossings .

Penalty.

96. Signboards at least twelve feet in height at every
highway crossed at rail level by any railway, shall be
erected and maintained at each crossing, and shall have
the words "Railway Crossing" painted on each side of the
sign . board, in letters at least six inches in length, and
every company which neglects to comply with the require-
ments of this section shall incur a penalty not exceeding
ten dollars.

Railway may 97. — (1) Where a level crossing on any railway is out
repalranyievei of repair, the warden, mayor, or reeve of the municipality
repaTrng °ut °f W1thin whose jurisdiction the crossing is situate, may
serve a notice upon the company in the usual manner,
requiring the repair to be forthwith made ; and if the com-
pany does not forthwith make the same, such head of the
municipality may transmit a copy of the notice so served
to the Board ; and thereupon the Board may order
an inspection to be made and may appoint an inspec-
tor for that purpose who shall with all possible despatch,
appoint a day when he will examine into the matter; and
he shall, by mail, give notice to the warden, mayor, or
reeve, and to the company, of the day he so fixes; and
upon the day so named he shall examine the crossing;
inspector s and a certificate under his hand shall be final on the sub-
be conclusive, ject so in dispute between the parties; and if the said
Inspector determines that any repairs are required, he
shall specify the nature thereof in his said certificate, and
direct the company to make the same ; and the company
shall thereupon, with all possible despatch, comply with
the requirements of the certificate; and in case of default,
the municipality within whose jurisdiction the said cross-
ing is situate, may make such repairs, and may recover
all costs, expenses and outlays in the premises by action
against the company in any court of competent jurisdic-
tion, as money paid to the company's use.

Payments of
inpectors.

Proviso.

(2) The Inspector shall be entitled to be paid the sum of
and actual travelling expenses while engaged on

such inspection and in case he finds that any repairs are
required he shall be paid by the company, but if he
finds that no repairs are required he shall be paid by the
municipality whose chief officer served the said notice.

(3) Neither this section nor any proceeding had there-
under shall at all affect any liability otherwise attaching
to such company in the premises.

Crossings and Junctions.

Railway
crossings and
junctions.

98. — (1) The railway lines or tracks of any company
shall not be crossed or joined by or with the railway lines

1906.

RAILWAYS.

Chap. 30 253

or tracks of any other company until leave therefor has Power of the
been obtained from the Board as hereinafter provided.

(2) TJpon any application for such leave the applicant on*tippnc"^oni
company shall submit to the Board a plan and profile of to Board,
such crossing or junction and such other plans, drawings

and specifications as the Board may in any case, or by re-
gulation, require.

(3) The Board may by order grant such application on order of
such terms as to protection and safety as it may deem ex-
pedient, may change the plan and profile, drawings and
specifications, so submitted and fix the place and mode of
crossing or junction, and may direct that the lines and
tracks of one company be carried over or under the lines

and tracks of the other, and that such works, structures,
equipment, appliances and materials be constructed, pro-
vided, installed, maintained, used or operated, watch-
men or other persons employed, and measures taken,
as under the circumstances appear to the Board best adap-
ted to remove and prevent all danger of accident, injury
or damage, and may determine the amount of damage
and compensation, if any, to be paid for any property or
land taken or injuriously affected by reason of the con-
struction of such works.

(4) The Board may give directions as to supervision of supervision of
the construction of the works, and order that detailed wor s'
plans, drawings and specifications of any works, struc-
tures, equipment or appliances required, shall, before
construction or installation, be submitted to and approved

by the Board

(5) No trains shall be operated on the lines or tracks of Authorizing
the applicant company over, upon or through such cross- operation,
ing or junction until the Board grants an order author-
izing such operation, but the Board shall not grant such

order until satisfied that its orders and directions have
been carried out, and that the provisions of this section
have been complied with.

(6) The Board may order, any company to adopt and safety
put in use at any such crossing of junction, at rail level, on^aiMevei
such interlocking switch, derailing device, signal system, crossings-
equipments, appliances and materials, as in the opinion

of the Board renders it safe for engines and trains to pass
over such crossing or junction without being brought to
a stop.

(7) This section shall apply to street railway companies ^p^gttion
and street railways. railways.

Mines and Minerals.

99. No company shall, without the authority of theMinestobe
Board, locate the line of its proposed railway, or con- protected-

struct

254

Chap. 30.

RAILWAYS.

6 Edw. VII

Company not
entitled to
minerals, etc.,
in lands.

Exceptions.

struct the same or any portion thereof, so as to obstruct or
interfere with, or injuriously affect the working of, or the
access or adit to any mine then open, or for opening which
preparations are, at the time of such location, being law-
fully and openly made.

100. The company shall not be entitled to any mines,
ores, metals, coal, slate, mineral oils or other minerals in or
under any lands purchased by it, or taken by it under any
compulsory powers given it by this Act, unless the same
have been expressly purchased; and all such mines and
minerals, except as aforesaid, shall be deemed to be ex-
cepted from the conveyance of such lands, unless they
have been expressly named therein and conveyed thereby.

Mining under
or within
40 yards of
any railway .

Application
for leave of
Board .

Protection and
safety of the
public.

101. — (1) No owner, lessee or occupier of any such mines
or minerals lying under the railway or any of the works
connected therewith, or within forty yards therefrom, shall
work the same until leave therefor has been first obtained
from the Board.

(2) Upon any application to the Board for leave to work
any such mine or minerals, the applicant shall submit
a plan and profile of the portion of the railway to be
affected thereby, and of the mining works or plant pro-
posed to be constructed or operated, affecting the railway,
giving all reasonable and necessary information and de-
tails as to the extent and character of the same.

(3) The Board may grant such application upon such
terms and conditions, as to protection and safety of the
public, as to. the Board may seem expedient, and may order
that such other works be executed, or measures taken, as
under the circumstances appear to the Board best adapted
to remove or diminish the danger arising, or likely to
arise, from such mining operations. ,

Compensation
by company
for loss by
severance of
mine.

102. The company shall, from time to time, pay to the
owner, lessee, or occupier of any such mines such com-
pensation as the Board shall order to be paid to such
owner, lessee, or occupier for and on account of any sever-
ance of the lands lying over such mines by the railway,
or of the working of such mines being prevented, stopped
or interrupted, or of the same being worked in such manner
and under such restrictions as not to prejudice or injure
the railway, and also for any minerals not purchased by
the company which cannot be obtained by reason of mak-
ing and maintaining the railway.

Power of
company to
enter mines
for purpose of
ascertaining
whether work-

103. If necessary in order to ascertain whether any such
mines are being worked, or have been worked, so as to
damage the railway or works or in such manner as to be

detrimental

1906. railways. Chap. 30 255

detrimental to the safety of the public using the railway ™§w°yfngera
or of the tracks and trains of the company it shall be law-
ful for the company with the written permission and
authorization of the Board after giving twenty-four hours'
notice in writing, to enter upon any lands through or near
which the railway passes wherein any such mines are being
worked, and to enter into and return from any such mines
or the works connected therewith ; and for that purpose
it shall be lawful for them to make use of any apparatus
of such mines, and to use all necessary means for discover-
ing the distance from the railway to the parts of such
mines which are being worked.

104. If the owner, lessee, or occupier of any such mine Penalty for
refuses to allow any person appointed by the company for pany access
that purpose to enter into and inspect any such mines ortommes-
works in manner aforesaid, every person so offending

shall, for every such refusal, forfeit to the company a sum
not exceeding $100.

Weeds on Company 's Land.

105. — (1) Every company shall cause all cleared land or remJve" weeds
ground adjoining the railway and belonging to the com-
pany to be covered with grass or turf if not already so
covered and shall cause all thistles and noxious weeds
growing on the right of way and over land of the company
adjoining the railway to be cut down or to be rooted out

and destroyed each year before the plants have sufficiently
matured to seed.

(2) Every company which fails to comply with this sec- penalty,
tion shall incur a penalty of ten dollars for everji day
during which such company neglects to do anything
which it is so required to do.

(3) The mayor, reeve or other head of the municipality ^"^ip"1/
in which the land or ground lies may cause all things to officers may
be done which the said company is so required to do, and perform-
for that purpose may enter, by himself and his assistant

or workmen, upon such lands, and the municipality may

recover the expenses and charges incurred in so doing, and

the said penalty, with costs, in any court of competent Cost o£ work

jurisdiction, and such expenses, penalty and costs shall be

paid to the proper officer of the municipality.

Prevention of, and liability for, Fires.

106. — (1) The company shall at all times maintain and prevention,
keep its right of way free from dead or dry grass, weeds

and other unnecessary combustible matter.

(2) Whenever damage is caused to crops, lands, fences, {jjg^used'by
plantations, standing or growing timber or trees or build- locomotive,
ings and their contents, by a fire, started by a railway
locomotive, the company making use of such locomotive

whether

256 Chap. 30. railways. 6 Edw. VII

Construction
of road bi-
sections.

whether guilty of negligence or not, shall be liable for
such damage and may be sued for the recovery of the
amount of such damage in any court of competent juris-
proviso. diction; Provided that if it be shown that the company
has used modern and efficient appliances and has not
otherwise been guilty of any negligence, the total amount
of compensation recoverable under this section, in respect
of any one or more claims for damage from a fire or fires
started by the same locomotive and upon the same occasion,
shall not exceed five thousand dollars, and it shall be appor-
tioned amongst the parties who suffered the loss as the
court may determine.

insurable has cornPaily shall have an insurable interest in all

inerest. such property upon or along its route, for which it may

be so held liable, and may procure insurances thereon in

its own behalf.

Construction of Road by Sections.

107. The company is hereby authorized and empowered
to take and make the surveys and levels of the lands
through which the said railway is to pass, together with
the map or plan and book of reference thereof, and of
its course and direction, and of the lands intended to be
passed over and taken therefor, so far as then ascertained,
and to deposit the same as required by the clauses of
this Act with respect to plans and surveys, by sections or
portions less than the length of the whole railway author-
ized, of such length as the company may from time to time
see fit, so that no one of such sections or portions shall be
less than five miles in length, and upon such deposit as
aforesaid of the map or plan and book of reference of
any and each of such sections or portions of the said rail-
way, all and every of the clauses of this Act, shall apply
and extend to any and each of such sections or portions of
the said railway as fully and effectually as if the surveys
and levels had been taken and made of the lands through
which the whole of the said railway is to pass, together
with the map or plan and book of reference of the whole
thereof, and of its whole course and direction, and of the
lands intended to be passed over and taken, and the state-
ment of the whole of the said railway had been taken,
made, examined certified and deposited according to the
said clauses of this Act. The construction of the railway
in sections may be commenced at such point on the line
of railway as the directors may determine, but the said
work of construction shall be carried on from such point
by sections continuing therefrom so as to form at all times
one continuous line of railway; provided, however, that
the Board may sanction and approve of the construction
by sections at different points, and not continuously, along
the said line of railway.

108.

1906.

RAILWAYS.

Chap. 30

257

108. Whenever any section of the said railway of not Five mile
less than five miles has been completed, the company may beCopene°iay
take the steps authorized by section 163 of this Act to be

taken before a railway or a portion thereof is opened for
the carriage of traffic and, with the permission of the
Board as set forth in the said section, the company may
open and operate such section as if it were a completed
road, and all the sections of this Act applicable thereto
shall thereupon apply to the said section as if it were a
completed road, and to its operation. K

Commencement of Construction.

109. The company shall not commence the construction works not to
of the railway, or any section or portion thereof, until the until certain
provisions of this Act as to plans and surveys are fully compfiedVith.
complied with ; and shall not make any change, alteration

or deviation in the railway, or any portion thereof, until
the provisions of subsection 13 of section 59 as to deviations
are fully complied with.

Compensation to Owners of Lands Adjacent to Highways.

110. — (1) Where a railway constructs its tracks along compensation
one side of a highway or operates over a highway owners of lands
or railway or street railway crossing by means of a bridge

highway.

or underneath a highway or railway or street railway
crossing by means of a sub-way or tunnel, and in
the construction of the approaches to such bridge or tun-
nel, raises or depresses part of a highway the owner of any
land adjoining the portion of the highway upon the side
thereof upon which the tracks are so constructed or upon
or along which the said bridge or sub-way or tunnel or
approaches thereto are constructed shall, if by reason of
such construction, his land or the business carried on upon
such land is thereby injured or in any way depreciated in
value be entitled to receive compensation therefor from the
company.

(2) The proceedings to obtain such compensation and to
determine the amount thereof shall so far as applicable
be the same as that provided in this Act in the sections
respecting the taking of land without the consent of the
owner.

(3) Compensation for injury to or depreciation of the
value of any such business or land may be awarded by the
arbitrators if in their judgment any such injury or de-
preciation is caused by the existence of the railway not-
withstanding that the grade of the highway may not have
been changed or altered.

(4) Not more than one award of damages shall be made
under this section in respect of the same land or busi-
ness.

(5) This section shall not apply to such portions of any
lailway as are constructed at the time of the coming into

17 S. force

258

Chap. 30.

RAILWAYS.

6 Edw. VII

force of this Act, or which may be constructed under
agreements existing at the time of the coming into force
of this Act.

Limitation of Time for Construction.
Time for 111. If the construction of the railway or street rail-

construction - . - , „ „ £ .

limited. way is not commenced and niteen per cent, of the amount
of the capital stock is not expended thereon within two
years after the passing- of the special Act, or in case of a
railway other than a street railway, if the railway is
not finished and put in operation within five years from
the passing of such Act, the powers granted by such
Act or by this Act shall cease and be null and void as
respects so much of the railway as then remains uncom-
pleted.

Use of Steam During Construction.

Electric com- 112. A company while constructing a line of railway to
usesteam for be operated bv electricity on a right of way owned by the
construction. company shall have power to use steam as a motive power
during such construction and at other times for construc-
tion purposes.

Contracts for Construction.

contracts for 113. — (1) The directors may enter into a contract or con-
fineStetc0tlOn °J tracts with any individual, corporation or association of
individuals for the construction or equipment of the rail-
way or any part thereof, including or excluding the pur-
chase of right of way, and may pay therefor either in part
Payment in or *n wn°le> either in cash or bonds, or in paid-up stock,
stock orbonds. and may pay or agree to pay in paid-up stock or in bonds
of the said company such sums as they may deem exped-
ient to engineers, or for the right of way, or material,
plant or rolling stock, and also for the services of the
promoters or other persons who may be employed by the
directors for the purpose of assisting the directors and
furthering the undertaking, or for the purchase of right
of way, material, plant or rolling stock, provided that no
such contract shall be of any force or validity unless first
authorized by resolution passed by the votes of the share-
holders in person or by proxy representing two-thirds in
value of the whole amount paid up of the total capital
stock of the company then issued and outstanding at a
general meeting of the shareholders specially called for
the purpose of considering such matters, and the stock so
acquired by any person shall for all purposes be deemed
to be paid in cash.

Application to (2) This section shall apply to street railway companies

street r&ii- _ j *i

ways. and street railways.

17a s. OPERATION

1906.

RAILWAYS.

Chap. 30. 259

OPERATION OF THE RAILWAY.

Regulations governing the running of Trains.

114. The trains or cars shall start and run at regular Trains to Mart
hours or at regular intervals to be fixed by public notice, hourfu'ar
and shall furnish sufficient accommodation for the tran-
sportation of all such passengers and goods as are within

a reasonable time previous thereto offered for transporta-
tion at the place of starting, and at the junctions of other
railways, and at usual stopping places, established for
receiving and discharging way-passengers and goods from
the train or car.

115. Every employee of the company employed in a pas- Employees in
senger train or car or at a passenger station, shall wear tnUn^oir*
upon his hat or cap a badge, which shall indicate his t^wearbadges
office, and he shall not, without such badge, be entitled

to demand or receive from any passenger any fare or ticket,
or to exercise any of the powers of his office, or to inter-
fere with any passenger or his baggage or property.

llfi. — (1) The fare or toll shall be due and payable by Expulsion on

. . J refusal to pay

every passenger on entering the car, or other conveyance, fare,
and every passenger who refuses to pay his fare may, by the
conductor of the train and the train servants of the com-
pany, be expelled from and put out of the car, with his
baggage, at any usual stopping place, or near any dwelling
house, as the conductor elects, the conductor first stopping
the train and using no unnecessary force.

(2) This section shall apply to street railways. Application to

street rail-
ways.

117. No person injured while on the platform of a car, no claim for
or on any baggage, or freight car, in violation of the c"rtainScases
printed regulations posted up at the time, shall have any

claim in respect of the injury, if room inside of the pas-
senger cars, sufficient for the proper accommodation of
the passengers, was furnished at the time.

118. — (1) Except by permission of the Board, no passen- Position ot
ger train upon a steam railway shall have any freight, mer- passenger cars,
chandise or lumber car in the rear of any passenger car in

which any passenger is carried.

(2) Every officer or employee of any company, who Penalty for
directs, or knowingly permits, any freight, merchandise violation,
or lumber car, to be so placed, shall be liable on summary
conviction to a penalty not exceeding ten dollars.

119. — (1) A check shall be affixed by the company toBaggage
every parcel of baggage, having a handle, loop or suitable check3-

means

260 Chap. 30. railways. 6 Edw. VII

means for attaching a check thereupon, delivered by a pas-
senger to the company for transport, and a duplicate of
such check shall be given to the passenger delivering the
same.

Excess (2) In the case of excess baggage the company shall be

baggage. entitled to collect from the passenger, before affixing any
such check, the toll authorized under this Act.

Liability for
refusing to

(3) If such check is improperly refused on demand, the
check baggage, company shall be liable to such passenger for the sum of
eight dollars, which shall be recoverable in a civil action;
Provided that this section shall not apply to any train
or car operated by electricity unless the Board so orders.

Transportation
of dangerous
goods.

Nature must
be marked on
outside.

Notice.

Penalty.

120. No passenger shall carry, nor shall the company
be required to carry upon its railway, gunpowder, dyna-
mite, nitro-glycerine, or any other goods which are of a
dangerous or explosive nature; and every person who sends
by the railway any such goods without distinctly mark-
ing their nature on the outside of the package containing
the same, and otherwise giving notice in writing to the
station agent or employee of the company whose duty it
is to receive such goods and to whom the same are deliver-
ed, or who carries or takes upon any train any such goods,
for the purpose of carriao-e shall forfeit to the company
the sum of five hundred dollars for every such offence.

company may 121. The company may refuse to take any package or
re use o carry. parcej w]1ic}1 suspects to contain goods of a dangerous
nature, or may require the same to be opened to ascertain
the fact; and the company shall not carry any such goods
bf a dangerous nature, except in cars specially designated
for that purpose, on each side of each of which shall plainly
appear in large letters the words "dangerous explosives";
and for each neglect to comply with the provisions of this
section, the company shall incur a penalty of five hundred
dollars.

Carriage of
such goods

Penalty ,

Trains to stop
at swing
bridges.

122. — (1) When any railway passes over any navigable
water, or canal, by means of a draw or swing bridge which
is subject to be opened for navigation, every train shall,
before coming on or crossing over such bridge, be brought
to a full stop and shall not proceed until a proper signal
has been given for that purpose, and in default the com-
pany shall be liable to a penalty not exceeding four hund-
red dollars. Any employee failing to comply with the
miles of the company as to compliance with the provisions
of this subsection shall be liable to the like penalty, or to
six months' imprisonment, or to both.

(*)

1906.

RAILWAYS.

Chap. 30. 261

(2) Wherever there is adopted or in use on any railway where safety
at any such bridge, an interlocking switch and signal installed Board
system, or other device which, in the opinion of the Board, ™d5elotherwlse
renders it safe to permit engines and trains to pass over

such bridge without being brought to a stop, the Board
may, by order, permit engines and trains to pass over such
bridge without stopping, under such regulations, as to
speed and other matters, as the Board deems proper.

(3) This section shall apply to street railwavs. Application to

street railways.

123. When any train is approaching a highway crossing use of ben
at rail-level (except within the limits of cities or towns
where the municipal authority may pass by-laws prohibit-
ing the same), the engine whistle shall be sounded at least
eighty rods before reaching such crossing, and then the

bell shall be rung continuously until the engine has crossed non^^'pii-
such highway, or in the case of a car or locomotive oper- se-
ating by electricity an air whistle shall be blown or the
gong be sounded continuously for eighty yards before
reaching such crossing, and the company shall, for each
neglect to comply with the provisions of this section, incur Damages,
a penalty of eight dollars, and shall also be liable for all penalty on
damage sustained by any person by reason of such neglect ; employee,
and every employee of the company who neglects to com-
ply with this section shall for each offence be subject to
a like penalty.

124. — (1) No train, engine or motor car shall pass over signal at raii-
any crossing where two main lines of railway cross each level crossinss-
other at rail-level, until a proper signal has been received

by the conductor, engineer or motorman in charge of such
train, engine or motor car from a competent person or
watchman in charge of such crossing that the way is clear ;
provided always, that in the case of an electric street rail- Kiectric street
way car crossing any railway track not properly protected, crossings,
it shall be the duty of the conductor, before crossing, to
go forward and see that the track to be crossed is clear,
before giving the siernal to the motorman, that the way
is clear and to proceed.

(2) Every main track of a branch line is a main line Application of
within the meaning of this section, which shall apply, !'ectlon-
whether the said lines be owned by different companies

or by the same company.

(3) Every train shall, before it passes over any such stoppage of
crossing as in this section mentioned, be brought to a full level crossings,
stop; but whenever there is in use, at any such crossing,

an interlocking switch and signal system, or other device
which, in the opinion of the Board, renders it safe to per- where safety
mit engines and trains or electric cars to pass over such f^taHed Board
crossing without being brought to a stop, the Board may, Onrderotherwi9e
by order, permit such engines and trains and cars to pass
over such crossing without stopping, under such regula-
tions

262

Chap. 30.

RAILWAYS.

6 Eow. VII

Penalty

tions as to speed and other matters as the Board deems
proper.

(4) Nothing in this section shall apply to a case in which
the Dominion Railway Commission has jurisdiction to make
an order and has made an order for the protection of such
crossing.

Trains, or cars 125. Whenever in any city, town or village, any train
reversely in ^s passing over or along a highway at rail-level, and is not
cities, etc. headed by an engine or motor car moving forward in the
ordinary manner, the company shall station on the then
foremost part of the train, a person who shall warn per-
sons standing on, or crossing, or about to cross, the track
of such railway; and for every violation of any of the pro-
visions of this section, or of either of the two sections next
preceding, the company shall incur a penalty of one hund-
red dollars.

Trains must not 126. — (1) Whenever any railway crosses any highway at
level crossings rail-level, the company shall not, nor shall its officers,
minutesan flve aSen^s> or employees, wilfully permit any engine, tender
- or car, or any portion thereof, to stand on any part of such
highway, for a longer period than five minutes at one time,
or in shunting to obstruct public traffic for a longer period-
than five minutes at any one time.

(2) In every case of k violation of this section, every such
officer, agent, or employee who has directly under or sub-
ject to his control, management or direction, any engine,
tender or car which, or any portion of which, is allowed
to stand on such highway, longer than the time specified
in this section, is liable on summary conviction to a pen-
alty not exceeding fifty dollars, and the company is also
liable for each such violation, to a like penalty ; provided
always that if such alleged violation is in the opinion of
the court excusable, the action for the penalty may be
dismissed; and costs shall be in the discretion of the court.

Sleeping and Parlor Cars.

127. The company may contract with any person
for the hauling by the special or regular trains of the com-
pany, of the parlor, drawing-room or sleeping car or cars of
such person, in which extra accommodations shall be fur-
nished, for which such person furnishing such parlor, draw-
ing-room or sleeping car or cars, may charge for the car-
riage and transportation of persons and property therein
such reasonable compensation as may be fixed by the Board,
for such extra accommodation, in addition to the fare and
charges for the carriage and transportation of passengers
and property in the ordinary cars of the company. But the
company so contracting shall be liable in the same way and
to the same extent as if the said car or cars were owned by
it, and shall furnish sufficient ordinary cars for the reason-
able accommodation of the travelling public.

128

Where

violation

excusable

Sleeping and
parlor cars.

1906.

RAILWAYS.

Chap. 30.

263

Stations.

128. — (1) The company shall, according to its powers, Accommoda-
furnish, at the place of starting and at the junction of the passengers and
railway with other railways, and at all stopping places ^atfm^1
established for such purpose, adequate and suitable accom-
modation for the receiving and loading of all traffic offered .

for carriage upon the railway, — and shall furnish ade- Train accom-
quate and suitable accommodation for the carrying, un- modat,on-
loading and delivering of all such traffic, — and shall, Duties respect-
without delay, and with due care and diligence, receive, PoftaUon. =""
carry and deliver all such traffic, and shall furnish and
use all proper appliances, accommodation and means neces-
sary therefor.

(2) Such traffic shall be taken, carried to and from, and J^y™egnt
delivered at such places, on the due payment of the toll
lawfully payable therefor.

(3) Every person aggrieved by any neglect or refusal in Right of action
the premises shall, subject to this Act, have an action ondefault-
therefor against the company, from which action the com-
pany shall not be relieved by any notice, condition or de-
claration or any agreement to the contrary if the damage against0"
arises from any negligence or omission of the company or ^'if!"06

of its servants.

(4) If in any case such accommodation is not, in the 4ceommoda-
opinion of the Board, furnished by the company, the ordered by
Board may order the company to furnish the same within Board-
such time or during such period as the Board deems ex-
pedient, having regard to all proper interests.

(5) No station established by any railway company for Stations not to
the reception or delivery of passengers or property, or unued.0"
both, shall be discontinued without the consent of the

Board first had and obtained.

(6) Upon the written complaint of ten or more persons complaint of
interested setting forth that any of the provisions of this to^tatiorfac"
Act as to station accommodation or stopping places are commodation.
being violated by the company the Board shall forthwith
investigate the complaint. If upon such investigation it is

found that such violation exists the Board shall issue an
order to the company setting forth the nature of the
improvements required and shall direct that the same shall
be completed within such time as the Board may think
proper.

Blackboards showing whether Trains on Time.

129. — (1) Every company, upon whose railway there is a overdue trains,
telegraph or telephone line in operation, shall have a
blackboard put upon the outside of the station house, over

the

264

Chap. 30.

RAILWAYS.

6 EDW. YII

Notice at the platform of the station, in some conspicuous place at
stations each station of such company at which there is a telegraph
or telephone office; and when any passenger train or car is
overdue at any such station, according to the time table of
such company, the station agent or person in charge at
such station, shall write, or cause to be written, with
ex^ected6to be wn^e chalk on such blackboard, a notice stating, to the
stated. best of his knowledge and belief, the time when such over-

due train or car may be expected to reach such station ;
and if there is any further change in the expected time of
arrival the station agent or person in charge of the station
shall write, or cause to be written on the blackboard in
like manner, a fresh notice stating, to the best of his
knowledge and belief, the time when such overdue train
or car may then be expected to reach such station.

Penalty for (2) Every such company, station agent or person in

omission. i , ■• r~ . • , •

charge at any such station, is, on summary conviction,
liable to a penalty not exceeding five dollars for every wil-
ful neglect, omission or refusal to obey the provisions of
this section.

MUNICIPAL BONUSES AND LOANS.

Aid from 130. Any municipality, or any portion of a township

municipalities. municipaiity, which may be interested in securing the con-
struction of the railway, or through any part of which or
near which the railway or works of the company shall
pass or be situate may aid the company by giving money
or debentures, by way of bonus, gift or loan, or by the guar-
antee of the municipal corporation, under and subject to
the provisions hereinafter contained; provided always,
that such aid shall not be given except after the passing
of a by-law for the purpose and the adoption of such by-
law by the qualified ratepayers of the municipality or
portion of the municipality (as the case may be) in ac-
cordance with and as provided by law in respect to grant-
ing aid by way of bonuses to railways.

submitting 131. Such by-law shall be submitted by tha municipal
bonus by-law. council to a vote of the ratepayers in manner following,
namely :

(1) The proper petition shall first be presented to the

council expressing the desire to aid the railway and stat-
ing in what way and for what amount; and the council
shall within six weeks after the receipt of such petition
by the clerk of the municipality, introduce a by-law to
the effect petitioned for, and submit the same to the ap-
proval of the qualified voters.

(2) In the case of a county municipality, the petition
shall be that of a majority of the members of the county
council or of fifty resident freeholders in each of the

minor

Proviso.

1906.

KAIL WAYS .

Chap. 30. 265

minor municipalities of the county who are qualified vot-
ers under The Consolidated Municipal Act, 1903, and the * E^w- VI1
amendments thereto.

(3) In the case of other municipalities the petition shall
be that of a majority of the council thereof, or fifty resi-
dent freeholders, being duly qualified voters under The
Consolidated Municipal Act, 1903, and amendments there- ^ E^w- V1L
to as aforesaid. *>

(4) In the case of a section of a township municipality

the petition is to be presented to the council defining the
section by metes and bounds, or lots and concessions, and
shall be that of a majority of the council of such town-
ship municipality, or of fifty resident freeholders in such
section of the municipality, being duly qualified voters
as aforesaid.

132. Such by-law shall in each instance provide: Bonus by-law

J r what to

(a) For raising the amount petitioned for in the muni-
cipality or portion of the township municipality, (as the
case may be), mentioned in the petition, by the issue of
debentures of the county or minor municipality, respec-
tively, and shall also provide for the delivery of the said
debentures, or the application of the amount to be raised
thereby, as may be expressed in the said by-law.

(6) For assessing and levying upon all rateable pro-
perty lying within the municipality or portion of the
township municipality defined in the said by-law (as the
case may be), an annual special rate, sufficient to include
i) sinking fund for the repayment of the said debentures
within twenty years with interest thereon, payable yearly
or half-yearly, which debentures the respective municipal
councils, wardens, mayors, reeves and other officers there-
of, are hereby authorized to execute and issue in such cases
respectively.

133. In case of aid from a county municipality, fifty petition
resident freeholders of the county may petition the county gainst aid

, t • t i t i from county

council against submitting the said by-law, upon the
ground that certain minor municipalities or portions
(hereof, comprised in the said by-law, would be injuri-
ously affected thereby, or upon any other ground ought
not to be included therein, and upon deposit by the peti-
tioners, with the treasurer of the county, of a sum suffi-
cient to defray the expenses of such reference, the said
council shall forthwith refer the said petition to the Board
who shall have power to confirm or amend the said by-
law by excluding any minor municipality, or any section
thereof, therefrom, and the by-law so confirmed or amended
shall thereupon, at the option of the railway company,
be submitted by the council to the duly qualified voters,

and

266

Chap. 30.

RAILWAYS.

6 Edw. VII

and in case the by-law is confirmed by the Board the
expenses of the reference shall be borne by the petitioners
against the same, but if amended, then by the railway
company or the county or in such proportions between the
company and the county as the Board may order.

municipality 134. The term "minor municipality" shall be construed
meaning of. to mean any town not separated from the municipal

county, township or incorporated village situate in the

county municipality.

madebefore6 Before any such by-lay is submitted, the railway

by law company shall, if required, deposit with the treasurer of

submitted. ^e municipality, a sum sufficient to pay the expenses to
be incurred in submitting the said by-law.

paw by-law if 136. In case the by-law submitted be approved of and
ratepayers*0 by carried, in accordance with the provisions of the law in
that behalf, then within four weeks after the date of such
voting it shall be the duty of the municipal council which
submitted the same to read the said by-law a third time
and pass the same.

debentures. 137. Unless otherwise provided in the by-law, the said
council and the mayor, warden, reeve or other officers
thereof, within one month after the passing of such by-
law, shall issue or dispose of the debentures provided for
by the by-law, and deliver the same, duly executed, to
the trustees appointed, or to be appointed under this Act.

Levying rate 138. In case any such loan, guarantee or bonus, be so

on portion of • i -i • o -P • • • t i

municipality, granted by a portion of a township municipality, the rate
to be levied for payment of the debentures issued therefor,
and the interest thereon, shall be assessed and levied upon
such portion only of such municipality.

Application of 139. The provisions of The Consolidated Municipal Act,
3Edw!vnof 1903 ; and .tne amendments thereto, so far as the same are
«■ is. not inconsistent with this Act, shall apply to any by-law

so passed by or for a portion of a township municipality,
to the same extent as if the same had been passed by or for
the whole municipality.

Councils may 140. The councils for all corporations that may grant
for^commence- a*d by way of bonus to the company may, by resolution
ment. nr hy-law extend the time for the commencement of the

work beyond that stipulated for in the by-law or by-laws
granting such aid, from time to time: provided that no
such extension shall be for a longer period than one year.

councils may 141. The council of any municipality that may "rant
extend time • i -i c i a i • i

/or completion ain hv way ot bonus, to the company, may by resolu-
tion

1906.

RAILWAYS .

Chap. 30. 267

tion or by-law, extend the time for the completion of
the works (on the completion of which the company would
be entitled to such bonus), from time to time, provided
that no such extension shall be for a longer period than
one year at a time.

142. Any municipality, or portion of a township muni- Extent of aid
cipality interested in the construction of the railway of pa°iit{™unici~
the company may grant aid by way of bonus to the com-
pany towards the construction of such railway, notwith-
standing that such aid may increase the municipal taxa-
tion of such municipality, or portion thereof, beyond what
is allowed by law; provided that such aid shall not re-Proviso-
quire the levying of a greater aggregate annual rate for
all purposes exclusive of school rates, than three cents
in the dollar upon the value of the rateable property
therein.

143. Any municipality through which the railway may
pass or in which the railway or part of it is situate
is empowered to grant, by way of gift to the com-
pany, any lands belonging to such municipality, or
over which it may have control, which may be required
for right of way, station grounds or other purposes con-
nected with the running or traffic of the railway, and the
railway company shall have power to accept gifts of land
from any government, or any person or body, corporate
or politic, and shall have power, when the same are no
longer required or necessary for the purposes of the com-
pany, to sell or otherwise dispose of the same for the bene-
fit of the company.

144. Whenever any municipality or portion of a town- Trustees of
ship municipality shall grant aid by way of bonus or gift debentures,
to the company, the debentures therefor shall within six
months after the passing of the by-law authorizing the
same, be delivered to three trustees to be named, one by
the Board, one by the said company, and one by the ma-
jority of the heads of the municipalities which have
granted bonuses, all of the trustees to be residents of the
Province of Ontario ; provided that if the said heads of
the municipalities shall refuse or neglect to name such
trustee within one month after notice in writing of the
appointment of the company's trustee, or if the Board
shall omit to name such trustee within one month after
notice in writing to the Board of the appointment of the
other trustees, then in either case the company shall be at
liberty to name such other trustee or other trustees ; any of
the said trustees may be removed and a new trustee ap-
pointed in his place at any time by the Board, and in case
any trustee dies or resigns his trust, or goes to live out
of the Province of Ontario or otherwise becomes incap-
able

268

Chap. 30.

RAILWAYS.

6 Edw. VII

Trusts of
proceeds of
debentures.

Fees of
trustees.

Mayor, etc.,
to be ex officio
a director in
certain cases.

Application
to street
railways

able of acting, his trusteeship shall become vacant and a
new trustee may be appointed by the Board.

145. The said trustees shall receive the said debentures
or bonds in trust, firstly, under the directions of the com-
pany but subject to the conditions of the by-law in rela-
tion thereto as to time or manner, to convert the same into
money or otherwise dispose of them; secondly, to deposit
the debentures or amount realized from the sale in some
chartered bank having an office in the Province of On-
tario in the name of "The Eailway Municipal

Trust Account," and to pay the same out to the company
from time to time as the companv becomes entitled there-
to, under the conditions of the by-law granting the said
bonus and on the certificate of the chief engineer of the
said railway for the time being, in the form set out in
Schedule "A" hereto, or to the like effect, which certificate
shall set forth that the conditions of the by-law have been
complied with, and is to be attached to the cheque or order
drawn by the said trustees for such payment or delivery
of debentures, and such engineer shall not wrongfully
grant any such certificate under a penalty of $500, re-
coverable in any court of competent jurisdiction by any
person who may sue therefor.

146. The trustees shall be entitled to their reasonable
fees and charges from the said trust fund, and the act of
any two of such trustees shall be as valid and binding as
if the three had agreed.

147. The mayor, warden, reeve, or other chief officer of
such municipal corporation granting a bonus or gift to
the company to the amount of $20,000, or upwards, shall
be ex officio one of the directors of the company, in addi-
tion to the number of directors authorized by the special
Act, and shall have the same rights, powers and duties
as any of the directors of the company.

148. The sections respecting municipal bonuses and
loans, being sections 130 to 147 inclusive, shall apply to
street railway companies.

EXEMPTIONS FROM TAXATION.

By-law grant- 149 — (1) The council of any municipality through any

ingexempuon x '. „ J . c .. .«' . °. J

from taxation, part of which the railwav passes, or m wnicn it is situate
may by by-law especially passed for that purpose, exempt
the company and its property within such municipality,
either in whole or in part from municipal taxation, but
not including taxation for school purposes, or fix a cer-
tain sum per annum, or otherwise, by way of commuta-
tion, or in lieu of all or any municipal rates or taxes, and
for such term of years not exceeding twenty-one years as

such

1906.

RAILWAYS.

Chap. 30. 269

such municipal council may deem expedient, and no
such by-law shall be repealed unless in conformity with a
condition contained therein.

(2) This section shall apply to street railway companies. Application

to street
railways.

BY-LAWS, RULES AND REGULATIONS.

150. The company may, subject to the provisions and by-iaPws 5
restrictions in this and in the Special Act, contained, resP^tins-
make by-laws, rules or regulations respecting —

(a) The mode by which, and the speed at which, anySpeed"
rolling stock used on the railway is to be moved;

(b) The hours of the arrival and departure of trains; Timetables.

(d) The receipt and delivery of traffic; refutations.

(e) The smoking tobacco, expectorating, and the com- Nuisances,
mission of any nuisance in or upon trains, stations or

other premises occupied by the company;

(/) The travelling upon, or the using or working of, the traffic and
railway ;

(g) The employment and conduct of the officers and em- Conduct,
ployees of the company;

(h) The due management of the affairs of the company ; Management,
and

(i) The number of passengers to be allowed in cars, their Passengers,
mode of entrance or exit, and the portion of the car or the

class of car to be occupied by them.

151. The company may, for the better enforcing: the Penalty for

i j» ii tT 1 i n j • pc i violation of

observance of any sucn by-law, rule or regulation afreet- by-laws-
ing the officers or employees of the company prescribe in
such by-law a penalty not exceeding forty dollars for any
violation thereof.

152. All by-laws, rules and regulations whether made Essentials to
by the directors or the company shall be reduced to writ- by-'iaw7 °f
ing, be signed by the chairman or person presiding at the
meeting at which they are adopted, have affixed thereto

the common seal of the company, and be kept in the office
of the company.

153. All such by-laws, rules and regulations, except Must°e

, . • , j ,• s. jj *\ approved by

sucn as are of a private or domestic nature and do not Board,
affect the public generally, shall be submitted to the Board
for approval. The Board may sanction them or any of
them, or any part thereof, and may from time to time, res-
cind the sanction of any such by-law, rule or regulation or

270 Chap. 30. railways. 6 Edw. VII

of any part thereof. Except when so sanctioned no such
by-law, rule or regulation shall have any force or effect.

P^cation of 154. ^ printed copy of so much of any by-law, rule or
regulation, as affects any person, other than the share-
holders, or the officers or employees of the company, shall
be openly affixed, and kept affixed, to a conspicuous part
of every station belonging to the company, so as to give
public notice thereof to the persons interested therein or
affected thereby.

Pupation of 155. A. printed copy of so much of any by-law, rule or
affecting etc'' regulation as relates to the conduct of or affects the officers
employees. Qr empioyees Gf the company, shall be given to every
officer and employee of the company thereby affected.

By-laws, etc., 156. Such by-laws, rules and regulations when so ap-
approv!dVhen proved shall be binding upon, and observed by, all per-
sons, and shall be sufficient to justify all persons acting
thereunder.

Summary
interference
in certain
cases .

157. If the violation or non-observance of any by-law,
rule or regulation, is attended with danger or annoyance
to the public, or hindrance to the company in the lawful
use of the railway, the company may summarily interfere,
using reasonable force, if necessary, to prevent such vio-
lation, or to enforce observance, without prejudice to any
penalty incurred in respect thereof.

Evidence. 158. A copy of any by-law, rule or regulation, certified

as correct by the president, secretary or other executive
officer of the company and bearing the seal of the com-
pany, shall be evidence thereof in any court.

By-laws, etc-, All by-laws, rules and regulations of a company oper-

agreemente*-^0 a^nS ^s railway by electricity partially or wholly on a
with municf~ highway or of a street railway company shall be subject
to any agreement that may have been made by such com-
pany and the municipal corporation owning or maintain-
taining such highway.

NOTICES OF BY-LAWS, ETC.

Hownoticeiof 160. Notice of any by-law or of any "order or notice
orders may be of the company affecting any officer or employee thereof
proved may be proved by proving the delivery of a copy thereof

to such officer or employee, or that such officer or employee
signed a copy thereof, or that a copy thereof was posted
in some one place where his work or his duties, or some of
them, were to be performed.

sees1 1^*160 'to 1^1. The sections relating to "By-laws, Rules and Regu-
street railways lations," being sections 150 to 160 inclusive, shall apply to
street railways and street railway companies.

162

1906.

RAILWAYS.

Chap. 30.

271

Inspection of Railways.

Inspecting Engineers.

162. — (1) Inspecting- engineers may be appointed by the Appointment
Board, subject to the approval of the Lieutenant-Governor engineers,
in Council.

(2) It shall be the duty of every such inspecting engineer, Duties,
upon being directed by the Board, to inspect any railway,

or any branch line, siding or portion thereof whether con-
structed, or in the course of construction, to examine the
stations, rolling stock, rails, road bed, right of way, tracks,
bridges, tunnels, trestles, viaducts, drainage, culverts,
railway crossings and junctions, highway and farm cross-
ings, fences, gates and cattle-guards, telegraph, telephone,
or other lines of electricity, and all other buildings, works,
structures, equipment, apparatus, and appliances thereon,
or to be constructed or used thereon, or such part thereof
as the Board may direct, and forthwith to report fully
thereon in writing to the Board.

(3) Every such inspecting engineer shall be vested with Powers of

n iu j . i • l- inspection.

all tne powers m regard to any such inspection as are pro-
vided in section 49 of "The Ontario Railway and Municipal
Board Act, 1906 r

(4) Every company, and the officerei and directors thereof, Duties of
shall afford to any inspecting engineer such information as respecting
is within their knowledge and power, in all matters inquir- insPectins
ed into by him, and shall submit to such inspecting engin- engineer&'
eer all plans, specifications, drawings and documents re-
lating to the construction, repair, or state of repair, of the
railway, or any portion thereof.

(5) Every such inspecting engineer shall have the right, inspecting
while engaged in the business of such inspection, to travel ^^1™",
without charge on any of the ordinary passenger trains free.
running on the railway, and to use without charge the tele-
graph wires and machinery in the offices of, or under the wire^etT1*
control of, any such company.

(6) The operators, or officers, employed in the telegraph Trat
offices of, or under the control of, the company, shall, with- of telegrams
out unnecessary delay, obey all orders of any such inspect-
ing engineer for transmitting messages; and every such
operator or officer, who neglects or refuses so to do, shall,

for every such offence, be liable, on summary conviction, ^aUy upon
to a penalty of forty dollars.

(7) The production of his appointment in writing, signed Proof of
by the Chairman of the Board, or the Secretary, shall be S&S^'

sufficient

272

Chap. 30.

RAILWAYS.

6 Edw. VII

Penalty for
obstructing
inspecting
engineers.

Leave of
Board before
opening.

Proceedings.
Affidavit.

sufficient evidence of the authority of such inspecting
engineer.

(8) Every person who wilfully obstructs any inspecting
engineer in the execution of his duty, is liable, on sum-
mary conviction, to a penalty not exceeding forty dollars;
and in default of payment thereof forthwith, or within
such time as the convicting justices or justices of the peace
appoint, to imprisonment with or without hard labour for
any term not exceeding three months.

Inspection of Line.

163. — (1) No railway, or any portion thereof, shall be
opened for the carriage of traffic, other than for the pur-
poses of the construction of the railway by the company,
until leave therefor has been obtained from the Board, as
hereinafter provided.

(2) When the company is desirous of so opening its rail-
way, or any portion thereof, it shall make an application
to the Board, supported by affidavit of its president, secre-
tary, engineer or one of its directors, to the satisfaction of
the Board, alleging that the railway, or portion thereof,
desired to be so opened is in his opinion sufficiently com-
pleted for the safe carriage of traffic, and ready for inspec-
tion, and requesting the Board to authorize the same to be
opened for such purpose.

inspection. (3) Before granting such application the Board shall di-
rect an inspecting engineer to examine the railway, or por-
tion thereof, proposed to be opened, and if the inspecting
engineer reports to the Board, after making such examin-
when opening ation, that in his opinion the opening of the same for the
carriage of traffic will be reasonably free from danger to
the public using the same, the Board may make an order
granting such application, in whole or in part, and may
name the time therein for the opening thereof, and there-
upon the railway, or such portion thereof as is_ authorized
by the Board, may be opened for traffic in accordance with
such order.

reported to
be safe

Order of
Board .

When opening

reported

dangerous

Notice to be
served on
company.

(4) But if such inspecting engineer, after the inspection

of the railway, or the portion thereof, shall report to the
Board that in his opinion the opening of the same would
be attended with danger to the public using the same, by
reason of the incompleteness of the works or permanent
way, or the insufficiency of the construction or equipment
of such railway or portion thereof, he shall state in his
report the reasons for such opinion, and the company shall
be entitled to notice thereof, and shall be served with a
copy of such report and reasons, and the Board may re-
fuse such application, in whole or in part, or may direct
a further or other inspection and report to be made.

(5)

1906.

RAILWAYS.

Chap. 30. 273

(5) If thereafter upon such further or other inspection Or Provision for
upon a new application under this section, the inspecting inspection,
engineer reports that such railway, or portion thereof,

may be opened without danger to the public, the Board order for
may make the like order as provided in subsection 3 0fopemng-
this section and thereupon the railway, or such portion
thereof, as is authorized by the Board, may be opened for
traffic in accordance therewith.

(6) The Board, upon being satisfied that public conven- Leave to carry
ience will be served thereby, may, after obtaining a report freighttiaffic'
of an inspecting engineer, allow the company to carry

freight traffic over any portion of the railway not opened
for the carriage of traffic in accordance with the preced-
ing provisions of this section.

(7) If any railway, or portion thereof, is opened contrary ^thJjJJtWye
to the provisions of this section, the company, or person to of Board,
whom such railway belongs shall forfeit to His Majesty

the sum of two hundred dollars for each day on which the Penalty-
same is, or continues open until such order is obtained.

164. — (1) Whenever the Board receives information that where
any railway, or any portion thereof, is dangerous to the pub- c?repair?ut
lie using the same, from want of renewal or repair, or in-
sufficient or faulty construction, equipment, or from any
other cause, the Board may direct an inspecting engineer to
examine the railway, or any portion thereof ; and upon the
report of the inspecting engineer may order any repairs, Inspection
renewal, reconstruction, alteration or new works, materials Board
or equipment to be made, done, or furnished by the com- may order
pany or municipality upon, in addition to, or substi- repairs- etc-
tution for, any portion of the railway, which may, from
such report, appear to the Board necessary or proper to
avoid such danger, and may order that until such repairs,
renewals, reconstruction, alteration, and work, materials or
equipment are made, done and furnished to its satisfaction, May enjoin

i ± ■ o ■ 1 -1 • i a i_ " t_ i use of portions

no such portion oi the railway m respect of which such of railways
order is made, shall be used, or used otherwise than subject repair"8
to such restrictions, conditions and terms as the Board may
in such order impose. And the Board may by such order,
condemn, and thereby forbid further use of, any rolling or of
stock which, from such report, it may consider unfit to re- equiprnent
pair or use further.

(2) If, after notice of any such order made by the Board, f*™1^
the company shall use any rolling stock, after the same has compliance,
been so condemned by the Board, or shall disobey or fail
to comply with any order of the Board made under this
section, the company 'shall, for each day on which such
order is disobeyed, forfeit to His Majesty the sum of five
hundred dollars"; and any person wilfully and knowingly
18 S. aiding

274

Chap. 30.

RAILWAYS .

6 Edw. VII

Aiding and
abetting.

Application
of section
to street
railway.

Inspecting
engineer may
in case of
danger issue
prohibitions.

Procedure.

Reasons and
defects must
be stated.

Penalty.

aiding or abetting any such violation shall be guilty of an
offence, and on summary conviction thereof shall be liable
to a penalty of not less than twenty dollars nor more than
two hundred dollars.

(3) This section shall apply to street railways.

165. — (1) If in the opinion of any inspecting engineer,
it is dangerous for trains to pass over any railway, or any
portion thereof, until alterations, substitutions or repairs
are made thereon, or that any of the rolling stock should be
run or used, the said engineer may, by notice, forthwith,
either forbid the running of any train over such railway or
portion of railway, or require that the same be run only
at such times, under such conditions, and with such pre-
cautions, as he, by notice specifies, and he may forbid the
running or using of any such rolling stock by serving upon
the company owning, running or using such railway, or
any officer having the management or control of the run-
ning of trains on such railway, a notice in writing to that
effect, with his reasons therefor, in which he shall distinct-
ly point out the defects or the nature of the danger to be
apprehended ; and for every act of non-compliance there-
with such company shall forfeit to His Majesty the sum
of two thousand dollars.

Report of

inspecting

engineer.

Action
thereon .

Notice.

(2) The inspecting engineer shall forthwith report tha
same to the Board which may either confirm, modify or
disallow the act or order of such engineer; and notice of
such confirmation, modification or disallowance, shall be
duly given to the company.

company to^ 166. The company shall, as soon as possible after the re-
of Board to its ceipt of any order or notice of the Board affecting any of
officers, etc. 0£gcers or employees of the railway or any of the duties

of such officers or employees, give cognizance thereof to
each of it's officers and employees, in one or more of the
ways mentioned in section 160 of this Act.

What to be
' deemed suffi-
cient notice
thereof.

167. All orders of the Board shall be considered as made
known to the company by a notice thereof signed by the
chairman or secretary thereof, and delivered to the presi-
dent, vice-president, managing director, secretary or super-
intendent of the said company, or at the office of the com-
pany.

Inspection not to Relieve from Liability.

Inspection
not to relieve
company from
liability.

168. No inspection had under this Act, and nothing in
this Act contained, and nothing done or ordered or omitted
to be done or ordered, under or by virtue of the provisions
of this Act, shall relieve, or be construed to relieve, any
18a s. company

190G.

RAILWAYS.

Chap. 30. 275

company of or from any liability or responsibility resting
upon it by law, either towards His Majesty or towards any
person, or the wife or husband, parent or child, executor
or administrator, tutor or curator, heir or personal repre-
sentative, of any person, for anything done or omitted to
be done by such company, or for any wrongful act, neglect
or default, misfeasance, malfeasance or nonfeasance, of
such company, or in any manner or way to lessen such ^
liability or responsibility or in any way to weaken or
diminish the liability or responsibility of any such com-
pany, under the laws in force in this Province.

TOLLS.

By-Laws as to.

169. — (1) The company or the directors of the company, By-laws to be
by by-law or any such officer or officers of the company as nzflg issue of
are thereunto authorized by by-law of the company or direc- ^f^rgea
tors may from time to time prepare and issue tariffs by the
of the tolls to be charged, as hereinafter provided, forcompan>-
all traffic carried by the company upon the railway, or in
its vessels, and may specify the persons to whom, the place
where, and the manner in which, such tolls shall be paid.

(2) All such by-laws shall be submitted to and approved To be approved

by the Board. by Board.

(3) The Board may approve such by-laws in whole or in Board m*y

, . ii j> ,i • • approve in

part, or may change, alter or vary any oi the provisions whole or in
therein. ff™

(4) No tolls shall be charged by the company until a by- Xweduam
law authorizing the preparation and issue of tariffs of by-law
such tolls has been approved by the Board, nor shall the BoardV.ed by
company charge, levy or collect any money for any ser-
vices as a common carrier, except under the provisions

of this Act.

Collection of Tolls.

170. — (1) The company shall have the power to collect conec^tmg
and receive all charges subject to which goods or commo- on goods,
dities may come into their possession, and on payment of
such charges by the company without any formal transfer,
the company shall have the same lien for the amount thereof
upon such goods or commodities as the person to whom
such charges were originally due, and shall be subrogated
by such payments to all the rights and remedies of such
persons for such charges.

(2)

276 Chap. 30.

RAILWAYS.

6 Edw. VII

(2) In case of refusal or neglect of payment on demand
of any such tolls, or any part thereof, to such persons,
the same may be sued for and recovered in any court of
competent jurisdiction, or the agents or servants of the
company may seize the goods for or in respect whereof
such tolls ought to be paid, and detain the same until
payment thereof; and in the meantime the said goods
shall be at the risk of the owners thereof.

Sale of goods (3) If the tolls are not paid within six weeks, and where
the goods are perishable goods, if the tolls are not paid
upon demand or if such goods are liable to be destroyed
while in the possession of the company by reason of delay
in payment or taking delivery by the consignee, the
company may advertise and sell the whole or any part of
such goods and out of the money arising from such sale
retain the tolls payable and all reasonable charges and
expenses of such seizure, detention and sale, and shall
deliver the surplus, if any, or such of the goods as remain
unsold, to the person entitled thereto.

(4) If any goods remain in the possession of the com-
pany unclaimed for the space of twelve months, the com-
pany may thereafter, and on giving public notice thereof
by advertisement for six weeks in the Ontario Gazette, and
in such other papers as they deem necessary, sell such
goods by public auction at a time and place to be men-
tioned in such advertisement, and out of the proceeds
thereof pay such tolls and all reasonable charges for
storing, advertising and selling such goods; and the
balance of the proceeds, if any, shall be kept by the com-
pany for a further period ,.of three months, to be paid over
to any person entitled thereto.

(5) In default of such balance being claimed before the
expiration of the period last aforesaid, the same shall be
paid over to the Provincial Treasurer to be applied to the
general purposes of the Province, unless claimed by the
person entitled thereto, within six years of the date of such
payment.

Passenger Fares on Electric Roads.

171. — (1) Notwithstanding anything contained in any
agreement with any municipal or other corporation or per-
son or any provision contained in any special Act to the con-
trary, the fares to be taken by the aompany on a railway
operated by electricity for each passenger shall not ex-
ceed five cents for any distance not exceeding three miles,
and where the distance exceeds three miles then not ex-
ceeding two cents per mile or fraction thereof for the dis-
tance

Limit of
fares on
electric
railways.

1906.

RAILWAYS.

"Chap. 30. 277

tance actually travelled. Children under ten years of age
shall be carried for three miles or less for three cents and
for any additional distance for half fare, but children in
arms shall in all cases be carried free.

(2) Pupils under seventeen years of age actually attend- Pupils' tickets,
ing school shall be entitled to purchase at any office of
the company where tickets are sold on a certificate from
their principal teacher that they are bona fide pupils attend- ^
ing school eight tickets for twenty-five cents, such tick-
ets to be used only between the hours of eight o'clock and
half past nine in the forenoon, and between half-past three
and five o'clock in the afternoon, and then only for the pur-
pose of attending and returning from school, provided that
no such tickets shall entitle any pupil to ride a greater dis-
tance than five miles.

(3) This section shall not be construed to alter or vary men^nof ree"
any agreement by which the company is bound to charge a affected,
lesser rate of fares for passengers than those mentioned in

this section, or to supply a greater number of tickets to
pupils attending school or to pupils of a lesser age or at
different hours or for a greater distance than mentioned in
this section.

(4) This section shall apply to street .railways. ^treetraiiwa^s.

(5) This section shall not applv to a company whose tar- j^cttonnouo
iff for passenger fares is subject to the approval of any coia-panies operat-
missioners in whom are vested any park or lands owned by park" certam
the Crown for the use of the public of the Province of On-
tario.

BOARD AND MEMBERS OF LEGISLATURE TO BE CARRIED FREE.

172. The company shall furnish free transportation upon Members of
any of its trains, for members of the Legislature with their

and^Board

baggage, and also for the members of the Board, and f or [°angp^rftrateion
such officers and staff of the Board as the Board may de-
termine, with their baggage and equipment, and shall also,
when required, haul free of charge any car provided for
the use of the Board.

DISCRIMINATION.

173. — (1) Such tolls may be either for the whole or for any Discrimination
particular portions of the railway ; but all such tolls shall Prohlblted-
always, under substantially similar circumstances and com-
ditions be charged equally to all persons and at the same
rate, whether by weight, mileage or otherwise, in respect
of all traffic of the same description and carried in or upon
a like kind of cars, passing over the same portion of the

line

278 Chap. 30.

RAILWAYS.

6 Edw. VII

line of railway; and no reduction or advance in any such
tolls shall be made, either directly or indirectly, in favour
of or against any particular person or company travelling
upon or using the railway.

proportionate (2> The tolls for larger quantities, greater numbers, or
toiislneertain longer distances may be proportionately less than the
cases. tolls for smaller quantities or numbers, or shorter dis-

tances, if such tolls are, under substantially similar cir-
cumstances charged equally to all persons.

special rates (3) The company may make uniform special rates for
goods.nshable the carriage of fruit, milk and other perishable products
and commodities.

Unjust dis-
crimination
between
localities
prohibited.

Long and
short haul
clause.

Competitive
points.

Pooling
prohibited.

Duty of com-
pany to afford
reasonable
facilities for
receiving,
forwarding,
and delivering
traffic without
partiality and
without
unreasonable
delay.

(4) No toll shall be charged which unjustly discrimin-
ates between different localities. The Board shall not
approve or allow any toll, which for the like description
of goods or for passengers, carried under substantially
similar circumstances and conditions in the same direc-
tion over the same line, is greater for a shorter than for
a longer distance, the shorter being included in the longer
distance, unless the Board is satisfied that owing to com-
petition, it is expedient to allow such toll. The Board
may declare that any places are competitive points within
the meaning of this Act.

(5) No company shall, except in accordance with the
provisions of this Act, directly or indirectly, pool its
freights or tolls with the freights or tolls of any other
railway company or common carrier, nor divide its earn-
ings or any portion thereof with any other railway com-
pany or common carrier, nor enter into any contract, ar-
rangement, agreement, or combination to effect, or which
may effect, any such result, without leave therefor hav-
ing been obtained from the Board.

174. All companies shall, according to their respective
powers, afford to all persons and companies all reason-
able, and proper facilities for the receiving, forwarding
and delivering of traffic upon and from their several
railways, for the interchange of traffic between their
respective railways, and for the return of rolling stock;
and no company shall make or give any undue or un-
reasonable preference or advantage to, or in favour
of, any particular person, or company or any parti-
cular description of traffic, in any respect whatsoever,
nor shall any company by any unreasonable delay or
otherwise howsoever, make any difference in treatment in
the receiving, loading, forwarding, unloading, or delivery
of the goods of a similar character in favour of or against
any particular person, or company, nor subject any par-
ticular person, or company, or any particular descrip-
tion

1906.

HAIL WAYS.

Chap. 30.

279

tion of traffic, to any undue, or unreasonable, prejudice
or disadvantage, in any respect whatsoever; nor shall any
company so distribute or allot its freight cars as to dis-
criminate unjustly against any locality or industry, or Undue
against any traffic which may originate on its railway Vantage .°r
destined to a point on another railway in Ontario with
which it connects; and every company which has or works
a railway forming part of a continuous line of railway
with, or which intersects, any other railway, or which
has any terminus, station or wharf near to any terminus,
station or wharf of any other railway, shall afford all due
and reasonable facilities for delivering to such other rail-
way, or for receiving from and forwarding by its railway rr"d^ice or
all the traffic arriving by such other railway without any disadvantage,
unreasonable delay, and without any such preference or
advantage, or prejudice or disadvantage, as aforesaid, and
so that no obstruction is offered to the public desirous of
using such railways as a continuous line of communica-
tion, and so that all reasonable accommodation, by means
of the railways of the several companies, is, at all times,
afforded to the public in that behalf ; and any agree-
ment made between any two or more companies contrary Agreements in
to this section shall be unlawful and null and void. violation void.

175. The Board may determine, as questions of fact, g°^redr°0f
whether or not traffic is or has been carried under sub- determine
stantially similar circumstances and conditions, and substantially
whether there has, in any case, been unjust discrimin- ^{"nces undue1'
ation, or undue or unreasonable preference or advantage, preferences,
or prejudice, or disadvantage, within the meaning of this
Act, or whether in any case the company has, or has not,
complied with the provisions of this and the last preced-
ing section; and may by regulation declare what shall
constitute substantially similar circumstances and con-
ditions, or unjust or unreasonable preferences, advan-
tages, prejudices, or disadvantages within the meaning of
this Act, or what shall constitute compliance or non-com-
pliance with the provisions of this and the last preceding
section.

176. — (1) Whenever it is shown that any company charges Burden of

— >f respe
unjust
rimir
tion, etc.

one person, company, or class of persons, or the persons ing^njust60*"
in any district, lower tolls for the same or similar goods, dls
or lower tolls for the same or similar services, than they
charge to other persons, companies, or class of persons, or
to the persons in another district, or makes any difference
in treatment in respect of such companies or persons, the
burden of proving that such lower toll, or difference in
treatment, does not amount to an undue preference or an
unjust discrimination shall lie on the company.

(2) In deciding whether a lower toll, or difference in may contfder
treatment, does or does not amount to any undue prefer- j1"-\fstte""sining
ence or an unjust discrimination, the Board may consider crimination,

whether

280 Chap. 30.

RAILWAYS.

6 Emv. VII

whether such lower toll, or difference in treatment, is
necessary for the purpose of securing, in the interest of
the public, the traffic in respect of which it is made, and
whether such object cannot be attained without unduly
reducing the higher tolls.

oftoii'for ment (3) In any case in which the toll charged by the company
carriage by for carriage, partly by rail and partly by water, is expres-
watera sed in a single sum, the Board, for the purpose of deter-

mining whether a toll charged is discriminatory or con-
trary in any way to the provisions of this Act, may require
the company to declare forthwith to the Board, or may de-
termine what portion of such single sum is charged in
respect of the carriage by rail.

Equal facilities 177. Every company which grants any facilities for the

to be granted • j? i i_ ±

to express carriage of goods by express to any express company or
companies. person, shall grant equal facilities, on equal terms and

conditions, to any other express company which demands

the same.

Reduced rates 178. Nothing in this Act shall be construed to prevent the
charitable °pur- carriage, storage or handling of traffic free or at reduced
poses. rates for the Dominon, or any provincial or municipal gov-

ernment, or for charitable purposes, or to or from fairs and
expositions for exhibition thereat, or the carriage, free or at
reduced rates, of destitute or homeless persons, transported
by charitable societies, and the necessary agencies employed
in such transportation, nor to prevent the issuance of mile-
age, excursion or commutation passenger tickets, or the
carriage at reduced rates, of immigrants or settlers, and
their goods and effects, or any member of any organized
association of commercial travellers with his baggage, nor
to prevent railways from giving free carriage or reduced
rates to their own officers and employees, or their families,
or for their goods and effects, or 'to members of the press,
or to such other persons as the Board may approve or per-
mit, nor to prevent the principal officers of any railway, or
any railway or transportation company, from exchanging
passes or free tickets with other railways, or railway or
transportation companies, for their officers and employees
Proviso. and their families, or their goods and effects; provided that
the carriage of traffic by the company under this section
may, in any particular case or by general regulation, be
extended, restricted, limited or qualified by The Board.

APPOINTMENT OF RAILWAY CONSTABLES.

constables 179. — (1) The Justices of the Peace for any county as-
Jfohited toPact sembled at any General Sessions of the Peace on the appli-
on the^ineof cation of the board of directors of the company whose rail-
any rai ^ part thereof passes within the local jurisdiction
of such Justices of the Peace, or on the application of any

clerk

1906.

RAILAVAYS.

Chap. 30. 281

clerk or agent of the company thereto authorized by such
board, may, in their discretion appoint any persons recom-
mended to them for that purpose by such board of directors,
clerk or agent, to act as constables on and along such rail-
way; and every person so appointed shall take an oath or
make a solemn declaration in the form or to the effect fol-
lowing, that is to say :

"I, A. B., having been appointed a Constable to act upon and
"along (here name the Railway), under the provisions of The On-
"tario Railway Act, 1906, do swear that I will well and truly
"serve our Sovereign Lord the King, in the said office of Constable,
"without favour or affection, malice or ill-will, and that I will, to
"the best of my power, cause the peace to be kept, and prevent all
"offences against the peace, and that while I continue to hold the
"said office, I will, to the best of my skill and knowledge, discharge
"the duties thereof faithfully, according to law: So help me God."

(2) Such oath or declaration shall be administered by any f^nfstered!'6
one such Justice or by the Clerk of the Peace for such

county.

(3) Such appointment shall be made in writing signed f0p^°!JJt™rei^t
by the Clerk of the Peace and the fact that the person »ng-
appointed thereby has taken such oath or declaration shall

be endorsed thereon by the person administering such oath
or declaration.

180. Every constable so appointed, and having taken such Powers of
oath or made such declaration as aforesaid, shall have full stable^ wid to
power to act as a constable for the preservation of the peace toey^haii"llties
and for the security of persons and property against felonies extend.

and other unlawful acts on such railway* and on any of the
works belonging thereto, and on and about any trains,
roads, wharves, quays, landing-places, warehouses, lands
and premises belonging to the company, whether the same
be in the county, city, district or other local jurisdiction
within which he was appointed, or in any other place
through which such railway passes, or in which the same
terminates, or through or to which any railway passes which
is worked or leased by such railway company, and in all
places not more than one quarter of a mile distant from the
railway ; and shall have all the powers, protections and pri-
vileges for the apprehending of offenders, as well by night
as by day and for doing all things for the prevention, dis-
covery and prosecution of felonies and other offences, and
for keeping the peace, possessed by any constable duly ap-
pointed.

181. It shall be lawful for any such constable to take Duties of such
such persons as may be punishable by summary conviction constables
for any offence against the provisions of this Act, or of any

of the Acts or by-laws affecting any such railway, before
any Justice or Justices appointed for any county, city,

district

282

Chap. 30.

RAILWAYS.

6 Edw. VII

district or other local jurisdiction within which such rail-
way passes; and every such Justice shall have authority to
deal with all such cases, as though the offence had been
committed and the person taken within the limits of his
own local jurisdiction.

182. The Judge of the County Court of the County in
which the constable resides, may dismiss any such con-
stable, and the board of directors of the company or any
manager or superintendent thereof may dismiss any such
constable who may be acting on the railway; and upon such
dismissal, all powers, protection and privileges belonging
to any such person, by reason of such appointment, shall
wholly cease; and no person so dismissed shall be again
appointed or act as a constable for such railway without the
consent of the authority by which he was dismissed.

183. The company shall cause to be recorded in the office
of the clerk of the peace, for every county where-
in such railway passes the name and designation of
every constable so appointed at its instance, the
date of his appointment, and the authority making it,
with such appointment or a certified copy thereof, and also
the fact of every dismissal of any such constable, the date
thereof, and the authority making the same, within one
week after the date of such appointment or dismissal, as
the case may be; and such clerk of the peace shall keep a
record of all such facts in a book which shall be open to
public inspection, and shall be entitled to a fee of fifty
cents for each entry of appointment or dismissal, and twen-
ty-five cents for each search or inspection, including the
taking of extracts. Such record shall, in all courts, be
prima facie evidence of the due appointment of such con-
stable and of his jurisdiction to act as such, without further
proof than the mere production of such record.

184. Every such constable who is guilty of any neglect or
breach of duty in his office of constable, shall be liable, on
summary conviction thereof, within any county, city or
district wherein such railway passes, to a penalty not
exceeding eighty dollars, or to imprisonment, with or with-
out hard labour, for a term not exceeding two months. Such
penalty may be deducted from any salary due to such offen-
der, if such constable is in receipt of a salary from the com-
'pany.

PASSENGER CONDUCTORS TO HAVE THE POWER AND AUTHORITY

OF CONSTABLES.

haveUoweSrs°of — ^ conductor of every train carrying passen-

<>onstabies. sjers within this Province and the conductor of the car or
cars of every railway carrying passengers within this Pro-
vince, is hereby invested with all the powers of a constable,

while

Dismissal of
any such con-
stable.

Record of
appointment
of constables.

And of
dismissals.

Neglect of
duty by
constable.

Penalty.

1906.

RAILWAYS.

Chap. 30. 283

while on duty on his train or on said car and cars, and said
conductor may wear a badge or other distinguishing mark
of a special constable.

(2) When a passenger is guilty of disorderly conduct, or Removal of

ini 7 * i i passenger

uses any blasphemous or obscene language, or plays any guilty of

game of cards or chance for money or any other thing of miSLOnduct-

value, upon any passenger train or upon the car or cars of

any railway carrying passengers within this Province, the

conductor of such train or car or cars of such railway may ^

stop his train or said car or cars at the place where

such offence is committed or at the next stopping place of

such train or of such car or cars and eject such passenger

from the train or from said car or cars, using only such

force as may be necessary to accomplish such removal ; and

the conductor may command the assistance of the employees

of the company, and of the passengers on such train or on

such car or cars to assist in such removal; but before doing

so he shall render to such passenger such proportion of the

fare he has paid as the distance he then is from the place

to which he has paid fare bears to the whole distance for

which his fare is paid.

186. When a passenger is guilty of any offence upon a conductor

passenger train or upon the car or cars of any railway jiawnger f
carrying passengers within this Province, the conductor of offences-
such train or of such car or cars may arrest him and take
him before any Justice having cognizance of such offence
in any county or district in this Province in which such
train or car or cars runs, and lay an information before
such Justice, charging him with such offence; but in no
case shall the liability of the company for damages caused
by the conduct of its conductor be affected by the provi-
sions of this and the next preceding section.

187. The company shall cause a notice to be placed in all ^fthority of
passenger cars stating that the conductors have the author- conductor,
ity and powers of constables.

188. A conductor exercising the powers of a constable ^°/deu'^" of
under this Act shall be entitled to the protection accorded as con-
by law to constables engaged in the performance of their ' '
duties as such.

STREET RAILWAYS AND RAILWAYS OPERATING ALONG HIGH-
WAYS.

General Provisions.

189. Unless otherwise provided, sections 190 to 221 inclu- Application of
sive, shall apply only to street railways and companies in- street railways
corporated for the purpose of constructing, maintaining and raiiwayson
operating street railways as defined in the interpretation highways,
clauses of this Act, and to other railways incorporated for

the purpose of operating partially or wholly along high-
ways by electricity.

190

for

•_>S4

Chap. 30.

RAILWAYS.

6 Edw. VII

Powers of
Company.

Freight traffic

190. Every such company shall, subject to any pro-
visions contained in the special Act or in any agreement
made between the company and a municipality, have
authority to construct, maintain, complete, and operate
and from time to time to remove and change as required,
a double or single track railway, with the necessary
switches, side tracks and turn-outs, for the passage of
cars, carriages and other vehicles adapted to the same,
upon and along such of the highways in any municipality
to which the Special Act extends, as the council of the
municipality may by by-law authorize, and over and upon
lands purchased or leased by the company for that pur-
pose, and to take, transport and carry passengers upon
the same, by the force or power of electricity, and to con-
struct and maintain all necessary works, buildings,
appliances and conveniences connected therewith.

191. The company may take, transport and convey goods
upon its railway, but no freight or express cars shall be
carried along any highway in any city, town or vil-
lage over the railway unless and until the size and num-
ber of the cars and motors to be used therewith, and the
hours of running the same, have been approved by the
Board, nor shall any freight service be operated nor any
class of freight carried on any such highway until author-
ized by, or except as directed by the Board.

Agreements 192. Subject to the provisions of section 217 of this Act,

between muni- , j .-.^ •■• » . .

cipaiity and the company and the council of any municipality m
con^tmcytion'° which a railway or part of a railway is laid may, amongst
ltcfet repairs' other things, enter into any agreements they think advis-
able, relating to the construction of the railway ; the time
within which the railway shall be commenced, the man-
ner of proceeding therewith, and the time of its comple-
tion; the paving, macadamizing, repairing, grading, and
cleaning of the streets upon which the railway is laid ; the
construction, opening and repairing of drains and sewers;
the laying, repairing or taking up of gas and water pipes
in the streets ; the location of the railway, and the particu-
lar streets along which the same may be laid; the pattern
of rails; the time and speed of running the cars, sleighs
and other conveyances; the fares to be charged within the
maximum hereinbefore mentioned, and the amount of
compensation (if any) to be paid by the company annually
or otherwise.

Sunday Cars.

etceenoTto be's — ^} ^° comPany or municipal corporation operating

operated on a street railway, tramway or electric railway, shall operate
the same or employ any person thereon on the first day of
the week commonly called Sunday, except for the purpose
of keeping the track clear of snow or ice, or for the purpose
of doing other work of necessity.

(2)

Sunday.

1906.

RAILWAYS.

Chap. 30.

285

(2) Notwithstanding anything in this Act or in the spe- Exceptions,
cial Act or in any agreement contained, companies which

have before the first day of April, 1897, regularly run cars
on Sunday may hereafter do so, but the foregoing subsection
shall not confer any rights so to run cars on Sunday not
now possessed by such companies nor shall it affect or apply
to any company which has by its charter or by any special
Act the right or authority to run cars on Sunday nor shall
it affect the right (if any) of the Toronto Railway Company ^
to run cars on Sunday ; nor shall it affect the right of any
railway company to run cars or trains as provided in sub-
section 2 of section 136 of Chapter 209 of the Revised Stat-
utes of Ontario, 1897, which right shall be continued as
though such statute stood unrepealed.

(3) For every train or car run or operated in violation of Penalty,
this section, the company shall forfeit and pay the sum of
|400, to be recovered in any court having jurisdiction in

civil cases, for the amount, by any person suing for the same
under this section and for the purpose thereof. The action
for the recovery of the said sum shall be brought before a
court having jurisdiction as aforesaid in the place from
which such train or car started, or through which it passed
or at which it stopped in the course of such operation.

(4) All moneys recovered under the provisions of this penalties
section shall be appropriated as follows : One moiety thereof

to the plaintiff and the other moiety to the local munici-
pality from which the train or car started ; but if the
train or car is operated by the municipality from within
whose limits the same started, the plaintiff shall receive the
whole amount so recovered.

(5) The conductor or other person in charge (if any train ^conductor
or car run or operated in violation of the provisions of this
section shall be liable for every such offence to a penalty

not exceeding $40 nor less than $1, besides costs, and the
same shall be recoverable on summary conviction.

(6) This section shall apply to all railways operated by jUggSf ;tion of
electricity and street railways whether they are operated on

a highway or on a right of way owned by the company.

194. — (1) The company, when operating any portion 0f Guard wirea'
its line across or along a highway by means of electricity
conveyed by wires above ground, shall cause to be strung
and maintained guard wires, as far as may be reasonably
possible sufficient to prevent telegraph, telephone or other
wires now or hereafter strung across or along the highway
from coming into coutact with or falling upon the said
wires conveying such electricity.

(2) The company, when operating any portion of its line wra°terCpipes
by means of electricity, shall use such means and ap- |*°^£™m itt"
pliances as may, as far as may be reasonably possible, pre- electricity
vent water pipes, gas pipes, cables and other things now
or hereafter placed underground from being damaged m

consequence

286

Chap. 30.

RAILWAYS.

6 Edw. VII

consequence of the escape or discharge of electricity into
the ground. Unless otherwise ordered by the Board, proper
bonding of the rails and connecting the rails so bonded to
the electric power generator or generators with a proper and
efficient system of return wires shall be taken to be a com-
pliance with the conditions of this section.

Powers of (3) The Board shall have power to make such order or

orders as to it may seem proper to compel the proper obser-
vance of this section.

Right of 195. Any person suffering damage by reason of the non-

compliance by the company with the provisions of the
preceding section shall have a right of action against the
company therefor.

Forfeiture for Non-user.

Forfeiture by 196. — (1) In case the company at any time ceases to regu-
larly use the whole or any part of its railway for a period
of eighteen months, it shall, upon its being so ordered by
the Board, forfeit the right to use the railway or the part
unused, as the case may be, together with the rails, poles
and wires thereof, and the company shall, in addition,
indemnify the municipality in respect of all costs incurred
in taking up the rails and putting the highways in proper
repair.

Lien of (2) The municipality shall have a lien upon the rails,

municipality. p0jeS) wrreS; rolling stock, and other property of the com-
pany until the expense of taking up the rails and putting
the highways in proper repair is paid.

Additional Powers of Electric and Street Railways.

Powers as to 197. Railway companies operating by electricity and
an^usfTof" street railway companies shall also have power :

electricity.

(1) To construct, maintain and operate works for the pro-
duction of electricity for the motive power of the said
railways, and for the lighting and heating the rolling
stock and other property of the company.

(2) To acquire by lease or purchase and to hold, utilize
and develop water powers and the necessary land there-

compranyPOWer with, and to construct the necessary plant for the pur-
pose of generating electricity for lighting, heating and
power in operating the said railway.

(3) To enter into any agreement with any person or com-
pany for supplying steam or other power for the production
of electricity for the purposes of the railway or with any
electric light or electric railway company, or any company
organized for the purpose of suppling or furnishing electric

power

Purchase of
water powers
and stock in

Arrangements
for supply of
power.

1906.

RAILWAYS.

Chap. 30. 287

power, for the purchase, leasing or hiring of power to run
their electric motors, carriages or cars, or for lighting or
heating the same, or for any other purpose for which it
may be required by the company to construct, carry on or
operate the railway.

(4) To purchase, lease or acquire by voluntary donation Power to ^
and to hold for any estate in the same and to sell, lease, fo^parksfetc.
alienate or mortgage any lands or premises intended and ^
necessary or suitable for park or pleasure grounds and to
improve and lay out such lands as parks or places of public

resort and to make and enter into any agreement or ar-
rangements with the municipal corporations of the muni-
cipalities wherein the same are situate or any of them,
in respect thereto, subject, however, to the power of the
municipality to pass by-laws to regulate the use of such
public parks and pleasure grounds; but none of the pro-
visions of this clause shall be in force or have effect unless
and until the municipal council or councils of the muni-
cipality or municipalities wherein the lands proposed to
be acquired by the company are situate has or have by
by-law declared its or their assent to the company's ac-
quiring lands under and for the purpose mentioned in this
clause. No such park or pleasure grounds shall be used
for games, pic-nics, concerts, excursions or other public Proviso,
entertainments on Sunday.

(5) To purchase the right to convey electricity required ^htsf'o/con-
for the working of the railway and lighting or heating elec"
the same over, through or under lands other than

the lands of the railway by the special Act authorized to
be built, and with the consent of the councils of the mun-
icipalities affected, to purchase the right to lay conduits
under, or erect poles and wires on or over such lands as may
be determined by the company, and along and upon any
of the public highways, or across any of the waters in this
Province by the erection of the necessary fixtures, in-
cluding posts, piers or abutments for sustaining the cords
or wires of such lines, or the conduits for such electricity,
upon and subject to such agreement in respect thereof as
shall first be made between the company and any private
owners of the lands affected, and between the company and
any municipality in which such works or any part thereof
or of the railway may be situate, and under and subject
to any by-law or by-laws of the council of such municipal-
ity passed in pursuance thereof, provided such works are
not so constructed as to incommode the public use of such
roads or highways, or as to be a nuisance thereto, or to
impede the free access to any house or other building
erected in the vicinity of the same or to endanger or in-
juriously affect the same or injuriously to interrupt the
navigation of such waters. The rights conferred upon the
company shall not be exercised within the limits of any

Park

288 Chap. 30

RAILWAYS.

6 Edw. VII

Park vested in the Crown for the use of the public of the
Province of Ontario or any land vested in any commis-
sioners for any such park without the consent of the com-
missioners and the approval of the Lieutenant-Governor
in Council.

?a0iCyon0nof (6) Subject to the provisions of sections 202 to 208,
highways. inclusive, and of section 218 of this Act, no rail-
way or street railway shall be constructed or oper-
ated along any street, highway or public place of
any municipality until first authorized by an agree-
ment in respect thereto made between the company
and such municipality and under and subject to the
terms of such agreement and of section 217 of this Act and
of any by-law or by-laws of the council of said municipal-
ity to be passed in pursuance thereof; and in all such
cases any and every work, matter or thing in connection
with the motive power, and the application and using
thereof in so constructing, operating and working such
railway, or the cars, carriages, engines, motors or machines
thereof shall be so constructed, erected, laid down and
arranged as to impede or incommode the public use of such
street, highway or public place as little as possible, and
so as not to be a nuisance thereto, nor to interfere with
the free access to any house or other building erected in
the vicinity of the same, and the electric and other ap-
pliances shall be of such an improved manufacture and so
placed as to avoid so far as possible any danger to build-
ings or other property.

givenebefore 198. — (1) No municipal council, notwithstanding anything
passing by-law contained in this or any other Act to the contrary, shall

authorizing , , , . .•> . . ., J

construction pass a by-law authorizing any electric railway company
on highways. Qr s^ree^ railway company to lay out or construct its rail-
way along any public highway, until written or
printed notices of the intended by-law, specifying the route
to be taken by the railway, shall have been previously
posted up for one month in six of the most public places in
the municipality, and published weekly for at least four
successive weeks in some newspaper published in the muni-
cipality, or, if there be no such newspaper, in a news-
paper published in a neighboring municipality, or, if there
be no such newspaper, then in a newspaper published in
the county town.

heard'by t0 be ^) ^ne council shall hear in person or by counsel any
council. one whose property may be prejudicially affected by such
proposed railway who desires to be heard.

Board to°quash (3) If after hearing such objections as may be made, the
or amend. council shall pass a by-law authorizing the construction of a
railway or street railway on, upon or along any highway,
any fifteen freeholders in the municipality may peti-
tion the Board to amend or quash such by-law, and upon

such

1906.

RAILWAYS.

Chap. 30. 289

such petition after hearing all parties interested the Board
shall have power to amend such by-law in such manner as
to the Board may seem proper^ or to quash the same.

(4) The costs of such proceeding shall be in the discretion Costs-
of the Board and inay be fixed by the Board or taxed by one

of the taxing officers of the Supreme Court of Judicature.

■ i in i • • i ■ i Section not to

(5) lhis section shall not apply to extensions withm the apply to certain
limits of a city or town of a street railway already con_ exteus ob-
structed. .

199. The company may, at any point or points where its deviate1.0
railway may run along the highway, deviate from such
highway to a right of way owned by the company provided

that no obstruction of such highway shall be made by such
deviation; but if the rails on such deviation do not rise
above or sink below the surface of the road more than one
inch they shall not be deemed an obstruction ; provided Proviso,
that the right by this section conferred shall not be exer-
cised by the company without the consent of the Board ; and
the Board may, upon such terms as seem just, on applica-
tion of the company, order that the said company may make
such deviation.

200. Notwithstanding anything contained in this Act, Limitation of

, _ . . . t it transmission of

or m any statute of the Province, no municipality shall electrical
have the power to grant to any railway or street railway energy'
any exclusive rights, privileges, or franchise, as to the
transmission of electrical energy for power, light and heat
over or across any public highway or street in the said
municipality.

Expropriation by Street Railivay Companies.

201. — (1) In case the council of a municipality, by re- Expropriation
solution, declares that the council is of opinion that a com- and to what
pany incorporated with power to construct a street railway fowed* "

in the municipality should have powers of expropriation
for the purposes of building a part of its railway between
two or more points, set forth in the resolution, and situated
within the municipality, the company, upon registering
the resolution in the proper registry office, shall, in respect
of lands lying between the points named, possess the powers
conferred upon railway companies under the sections of
this Act relating to the taking of lands without the consent
of the owner.

(2) Such powers shall be exercised within two years from
the passing of the resolution, and not afterwards, and the
lands to be taken hereunder shall not exceed one chain in
width.

(3) The provisions of this section shall not apply to the
tract of country extending three miles above and three
miles below the Falls of Niagara, and for a width inland
of one mile from the River Niagara.

19s 202

290 Chap. 30.

RAILWAYS.

6 Edw. VII

• Duration of Street Railway Franchises.

Time for 202. — (1) No municipal council shall grant to a street

paiity may"01' railway company any privilege under this Act for a longer
feges* privi" period than twenty-five years, but at the expiration of
twenty-five years from the time of passing the first by-law
which is acted upon, conferring the right of laying rails
upon any highway, or at such other earlier date as may be
fixed by agreement, the municipal corporation may, after
giving to the company one year's notice prior to the expir-
ation of the period limited, assume the ownership of the
street railway, and all real and personal property in connec-
tion with the working thereof, on payment of the actual
value thereof, to be determined by the Board. In ascertain-
ing the actual value of such street railway and real and per-
sonal property, the franchise or control of tracks upon the
highways shall not be estimated as of any value whatever.

Municipality (2) In case the corporation fails to exercise the right of
Scyownership. assuming the ownership of the street railway, at the expira-
tion of the said period, the corporation may exercise such
right at the expiration of any fifth year thereafter, upon giv-
ing one year's notice to the company, and the privileges
of the company shall continue until the ownership is as-
sumed by the municipal council.

Mode in winch 203. If a street railway is situated in two or more niuni-
chaUtobe'ex-cipalities, the city .or town municipality shall have the
twelnddifflrtnt ri£ht to exercise the power of purchase herein conferred,
interested"168 un*ess tne municipal councils agree otherwise between
themselves; and the corporation purchasing shall there-
after possess all the powers and authority and be subject
to all the conditions and restrictions theretofore enjoyed
and suffered by the company, and shall, as to other muni-
cipalities into which the railway runs, be subject to the
like liabilities; and shall be subject to all orders and direc-
tions of the Board in the same manner and to the same
extent as a company operating a street railway.

204.— (1) The council of a municipality into which a
withtermsas street railway runs may at any time after the right of

certain cases,

assuming the ownership of the street railway accrues to such

Sb?t»tqiSiirfa,,inunicipality' or to knJ oiheT municipality, require that
the terms upon which the street railway shall be operated
in such municipality be determined, and the terms, unless
the parties in the meantime agree, shall be determined by
the Board, and such arrangement shall remain in force
for ten years.

Re-adjustment (2) At the end of that period either party may require
of terms. ^hat ^he terms be settled anew in like manner for another
period of ten years; but such settlement or agreement
shall be without prejudice to the right hereinbefore con-
ferred upon a city or town to assume the ownership of the
street railway at the expiration of any fifth year.

19a s. 205

1906.

RAILWAYS .

Ch»p. 30. 291

205. The municipal corporation purchasing may. at any Municipality
time, transfer its rights to its street railway lines or any ,vcaqy™y ral1"
of them, and the whole or any part of the plant of the transfer "same

' J r . r to a company.

railway to any person or company authorized to operate
a street railway; subject to such terms and conditions as
may be agreed upon by such street railway company and
the municipal corporation.

206. A company to which any lines of street railway have Application of
been transferred by a municipal corporation shall, as section"8
respects the provisions of the next preceding section, stand

in the same position as the municipal corporation from
which it received such transfer.

207. Any municipal corporation assuming the ownership Municipality
of a street railway and operating the same shall be deemed railway ito be
to be a street railway company for all the purposes of this panmed com"
Act.

Duration of Privileges to Operate Electric Railways along

Highways.

208. — (1) No municipal council shall grant to any rail- franchise in
way company operating by electricity any privilege to oper- limited to
ate along a highway for a longer period than twenty-five years. ^
years.

(2) At the expiration of the said period of twenty - Powers of
five years the council of any municipality, along the mumupa 1 y-
highways of which such railway or any portion thereof

is operated, may agree to extend such privilege for a fur-
ther term of years not exceeding twenty-five years, upon
such terms and conditions as may be agreed by the muni-
cipality and the company, or with the consent of the Board
such municipality may assume the ownership of that por-
tion of the railway operating along the highways of such
municipality within its limits, upon payment of the actual
value thereof, to be determined by the Board. In deter-
mining such actual value the franchise or control of the
tracks upon such highways shall not be estimated as of any
value whatever.

(3) The ownership of such portion of such railway shall Notice of

,. . r , ', , . . ... : ■ i intention to

not in any case be assumed by such municipality unless take over
notice of the intention of such municipality to assume such rallway-
ownership has been given to the company one year prior
to the expiration of the privilege or franchise, and in no
case shall a municipality assume such ownership without
the written consent of the Board.

(4;

292 Chap. 30. railways. 6 Edw. VII

Application of (4) This section shall only apply to electric railways that
are not street railways.

Fenders, Brakes, etc.

FeiKJers^aiici 209. The company, when operating any portion of its
ances. line by means of electricity along a highway shall from

time to time adopt and use in the front of each motor car
a fender or guard and shall from tin\e to time adopt and
use a brake and such other life saving appliances as shall
be of a design approved from time to time by the Board as
suitable for use by the company, having regard to the effi-
ciency of such fender, guard, brake and other life saving
appliances for life saving purposes, and to the location of
the company's line, and the speed at which the company's
cars may be run.

Fenders, etc..
to be adopted
when ordered.

Proviso.

210. The fender, guard, brake or other life saving
appliance so approved of by the Board shall be adopted and
used upon the cars of the company within the time fixed by
the order approving of the same, or by any order extend-
ing the said time; provided that where the cars of a com-
pany are equipped with fenders of a class so approved by
the Board the company shall not be liable for non-com-
pliance with any by-law or agreement relating to the class
of fenders to be used in any city, or town, or any require-
ment of the engineer or other officer of the municipality
under any such by-law or agreement.

not providing 211. The company shall pay to the corporation of the
fenders, etc. municipality in which such road is operated the sum of
ten dollars for each day in which any motor car is operated
within such municipality without having such a fender,
guard, brake or other life saving appliances thereon, except
in cases of accident or unavoidable necessity; such sum or
sums to be recovered from such company in a civil action.

Srs! brakes, 212 If the Board shall so order the company shall
etc. ' ' allow tests to be made on any of its motors or cars, of any
fender, guard, brake or other life saving appliance that the
Board may consider it advisable to have tested with a view
to ascertaining its efficiency for the purpose for which it
is designed.

Lavatories, etc.

conveniences 213. — (1) All street railway companies shall, within six
way employees. montns aiter heing so ordered by the Board, provide, fur-
nish and thereafter maintain suitable and sanitary urinals
and other conveniences for the use of the employees of the

company

1906.

RAILWAYS .

Chap. 30.

293

company operating its cars. Such urinals and other con-
veniences may be located upon~land owned or provided by
the said company and reasonably accessible to each of the
various lines of railway operated by the said company, and
at such points as the Board may direct, within the limits of
the city or town, and the employees of the said company
shall be allowed reasonable opportunity of access thereto.

(2) The company shall be liable to a penalty of ten dol- Penalty for not
lars per day for each day it shall neglect to provide p ing'
each or any of the said urinals or other conveniences.

(3) The cost of such urinals and conveniences shall be Cost of provid-
borne by the company or by the city or town within the ences°nveni~
limits of which the company's lines are operated, or by

both in such proportions, in case the parties are unable
to agree, as may be determined by the Board.

(4) The Board may, in its discretion, order the city or eity or town
town to provide the site for the company upon such terms niay be ordered
as to cost and otherwise as the Board may determine. to provide site.

(5) When so ordered by the Board, such urinals and con- Board may
veniences shall be open to the public as well as the em- tobe6™*
ployees of the company, and when so open to the public °^"iJothe
the Board may order the cost of the maintenance of the ■.'
same to be borne by the city or town and the company in

such proportions as to it may seem proper.

214. — (1) The Board may order the company to provide sanitary eon-
sanitary conveniences for the use of passengers on all pas- veniences 011
senger cars.

(2) This section shall only apply to electric railways that
are not street railways, and to steam railways.

Unclaimed Property.

215. It shall be the duty of every street railwav com- Disp0Slll of
pany which shall have unclaimed property left in its cars, unclaimed pro-

■ • • p m t ,i j> i perty on street

to ascertain if possible, the owner or owners of such pro- railways,
perty, and to notify such owner or owners of the fact by
mail as soon as possible, after such property comes into
its possession. Every such company which shall have
such property not perishable in its possession for the period
of three months, may sell the same at public auction, after
giving notice to that effect, by one publication, at least
ten days prior to the sale, in a daily newspaper published
in the city or town in which such sale is to take place, of
the time and place at which such sale will be held, and
such sale may be adjourned from time to time until all
the articles offered for sale are sold. All perishable pro-
perty so left, may be sold by any such street railway com-
pany without notice, as soon as it can be, upon the best
terms that can be obtained.

216

294 Chap. 30.

RAILWAYS .

6 Edw. VII

Transfer in Ownership of Highways.

wfth^com-1'1 ^16. In case any railway operated by electricity upon a
panies as to highway or a portion of which is so operated has been
toenSefor ers heretofore, or shall hereafter be, constructed in any muni-
nmnfoipaiity <'ipality under any agreement with the council thereof, or
owning road, with the council having the control of the highway therein,
and the territory, or any part of the territory in which such
railway has been, or shall be constructed, is subsequently to
the making of such agreement, removed from one muni-
cipality to another, or the highway along which such rail-
way has been or shall be constructed, has ceased to be
owned or controlled by one municipalty, or the council
thereof, or by any council having the control of such high-
way, and has become vested in or has been placed under
the control of another municipality or the council thereof,
then so far as such agreement relates to the maintenance
and repair of the track and roadbed of the railway or the
remaining portions of the highway or highways over which
the railway is operated, and to the removal of snow and
ice from the company's track and the disposal of such
snow and ice upon the highway or elsewhere the corpora-
tion of such last mentioned municipality and any officer
or person appointed for such purpose shall be substituted
for and shall have all the rights and may exercise all the
powers and be subject to the same duties as the municipal
corporation party to such agreement and any officer or per-
son named therein and charged with the performance of
any duty in respect to the matters aforesaid thereunder.

AGREEMENTS WITH MUNICIPALITIES FOR OPERATING ALONG

HIGHWAYS.

clauses to be 217. Any agreement made after the passing of this Act
agreements between a municipal corporation and a company under
which agreement the company obtains a right or franchise
to operate along a highway shall (unless such provisions
or any of them are expressly excluded from such agree-
ment), be deemed to contain the clauses set forth in the
following subsections hereof, viz. :

Grade (a) The rails of the company shall conform to the grade

of the street.

■RaiU to be

(6) In all cases where the rails are laid upon the paved
streetWete or travelled portion of the street, or on any part thereof,
the rails shall be laid (as nearly as practicable) flush with
the street, and shall be laid so as to cause the least pos-
sible impediment to the ordinary traffic of the street, and
shall be so kept and maintained by the railway company.

(c)

1906.

RAILWAYS.

Chap. 30.

295

(c) The company so long as it shall continue to use any £g™p*ny(Jt0
of its tracks on the travelled portion of the highway shall i n repair,
keep in repair the whole space used on its track allowances,
crossings, switches and turnouts and eighteen inches of the
highway outside of its tracks.

(d) If the company neglect to keep in repair its track neglecting to
allowances and crossings, switches and turnouts or to have p

the necessary repairs according to the agreement made
thereon, the council of the municipality may give notice
to the company requiring such repairs to be forthwith *"
made, and the certificate of the engineer appointed by the
council for the time being as to the necessity for such re-
pairs shall be binding and conclusive upon the company,
and if after the giving of such notice the company do not
within one week begin, and thereafter, with all reason-
able diligence, carry such work of repairing to comple-
tion, the municipal council shall have the right to cause
such repairs to be made, and the company shall pay to the
treasurer of the municipality the expenditure incurred in
making or completing such repairs.

(e) The payment of such amount shall not relieve the pena]t
company from any penalty provided for the omission to
repair by the agreement between the municipal corpora-
tion and the company.

(/) No car or train of cars shall be operated on the trav- g d
elled portion of any highway at a greater speed than fifteen
miles an hour unless authorized by the Board, and shall
operate at a lesser rate of speed if ordered and directed by
the Board.

(g) At the intersection of the company's railway and Intersecting
cross streets or highways crossing or intersecting the high- roads,
way upon which the railway is operated the company shall
construct and keep in repair crossings of a similar char-
acter to those adopted by the municipality and shall con-
struct underneath its track allowance such culverts and
waterways as are in the opinion of the council of the muni-
cipality or its engineer or other officer appointed for that
purpose necessary for drainage purposes, and shall at the
entrance to private properties abutting upon the com-
pany's railway construct such approaches as may be di-
rected by the council or such officer or by the Board.

(h) When the company's tracks are built over any ex- culverts,
isting culvert the company shall when so directed by the
council or such engineer or other officer or the Board ex-
tend such culvert so that the portion of the highway to be
travelled upon by the public shall have a width of at least
eighteen feet between the company's nearest tracks and the

end of the culvert upon the side of the road opposite to such
track.

(i) The company shall remove the snow from, and with- Snow
in its tracks and switches, but any snow put upon the

graded

296

Chap. 30.

RAILWAYS.

6 Edw. VII

graded part of the road by the company shall be evenly
spread thereon in a manner to be approved by the council
or its engineer or other officer.

JtreetegbyP 0") The municipal council may at any time, after giving
municipality, to the company 20 days' notice of its intention so to do,
take up any part of the highway along which the com-
pany's railway is constructed, for the purpose of altering
the street or road grade, constructing sewers, drains, cul-
verts or side crossings, laying down gas and water pipes
or underground wires, and for all other purposes within
the province and privileges of a municipal corporation,
without being liable for any compensation or damage that
may be occasioned to the working of the railway or the
works connected therewith. When and so often as it may
be necessary for the municipal corporation to open the road
or street for the purpose of repairing such street or road,
sewer, drains, culverts, gas or water pipes, or underground
wires, or for putting in gas, water or other services, a rea-
sonable notice shall be given to the company of the council's
intention so to do, and the work thereon shall not be un-
necessarily delayed but shall be carried on and completed
with all reasonable speed, due regard being had to the
proper and efficient execution thereof.

doifeto's'atis- W work done under the authority of the agreement
municipality's sna^ ^e done in the most substantial manner and accord-
engineer, ing to the best modern practice under the superintendence
and to the satisfaction of the engineer or officer appointed
by the council for such purpose with a right of appeal to
the Board.

Alignment, (I) The alignment of the company's tracks, the location
grades.68 and °f switches and the grades of the roadbed of its railway
shall be prescribed by such engineer or other officer.

pay^ior'engT- (m) The company shall repay to the municipality all
neer- sums paid by it to such officer or engineer for services per-

formed by him in connection with the company's work.

to use trackbhL (n) All persons using the said highway shall be at lib-
aiiowances. eTfy f0 travel upon any portion of the travelled roadway
occupied by the company's railway, and in the same man-
ner as upon other portions of the highway, and vehicles
of every description are to be allowed upon such portions
of the highway, it being provided, however, that the com-
pany's cars shall have the first right of way over the said
railway, and all vehicles or persons travelling on that por-
tion of the highway occupied by the railway shall turn out
to let the trains or cars pass — and any person refusing or
neglecting so to do shall be liable on summary conviction
to a fine of not more than ten dollars and costs.

portion?"**3 The words "travelled portion" where used in this

meaning of. section as applicable to roads, streets or highways shall be

deemed

1906.

RAILWAYS.

Chap. 30.

297

deemed to mean that central portion of roads, streets or
highways between the ditches or drains on either side
thereof and ordinarily used for vehicular traffic.

Radial Lines.

218. — (1) Notwithstanding anything in this Act contained, operating in
the railway shall not be constructed along any highway
within the limits of any city or town except upon and
subject to such terms and conditions as may be
agreed upon between the company and the street railway
or electric railway, if any, already operating in such city
or town and the council of the corporation of such city
or town. Provided always that if there is an existing agree- Proviso,
ment between such city or town and the street railway or
electric railway already operating in such city or town then
the railway shall not be constructed along any such high-
way, except, upon and subject to the terms of such existing
agreement; provided also, that where no provision is con- Provis;i
tained in any agreement between any street railway or
electric railway company and the city or town for the
admission of other electric or street railways, then if the
council of such city or town shall by by-law or reso-
lution request the street railway company or electric
railway company already operating in such city or
town, to allow its tracks or any of the streets to be used
for the entrance of such other railway, or if such street
railway company or electric railway company or such
other railway shall by by-law or resolution request
the city or town to permit the entrance of the
railway into such city or town, the company so operating
in the city shall permit its tracks or any streets to be so
used to some central point in the said city or town, and the
said city or town shall permit such other railway to enter
within the limits of such city or town, upon such terms and
conditions as to compensation, location of central point, and
otherwise as maj be mutually agreed upon between such
other railway, the council and such street railway or elec-
tric railway company, or as shall be settled and deter-
mined by the Board in case the council and the said two
companies are unable to agree upon the same.

(2) The Board shall not (without the consent of the city Grant of

or town) grant to any company desiring to operate within radia^raiiway
any such city or town any right or privilege to so operate beyradstreetl
for a longer period than the unexpired term of the fran- railway com-
ch ise or privilege held or enjoyed by any company which Franchise,
at the date of the application to the Board under this sec-
tion is operating a railway or street railway within the lim-
its of such city or town.

(3) At the expiration of such term a new agreement agreements ■
may be made as to a renewal of the same for a further

period

298 Chap. 30.

RAILWAYS.

6 Edw. VII

period not exceeding twenty-five years, and in the event of
the parties being unable to agree, the Board may in its dis-
cretion order a renewal thereof upon such terms and condi-
tions as shall be determined by the Board.

Rights of muni
cipality as to
taking over
railway not
affected.

(4) This section shall not be construed to confer upon the
Board the power to vary or annul any provision, contained
in the agreement between the parties or in the order of the
Board, allowing the entrance of such other railway, which
grants to the corporation of the city or town interested the
right to take over and assume the ownership of such other
railway within the limits of such city or town on the expir-
ation of any such term.

Application of
street railway
sections to
radial lines.

219. Any railway company operating in cities or towns
shall, in addition to such terms, conditions, regulations and
restrictions as may be contained in any agreement with or
by law of the city or town, be subject as to that portion of
the railway within the limits of such city or town to the
provisions of this Act respecting the construction and opera-
tion of street railways.

Existing agree-
ments.

220. This Act shall not, except where the same is so
expressed, be construed to vary or rescind, or to confer
upon the Board power to vary or rescind any agreement
lawfully entered into between a municipal corporation and
a railway or street railway company, or between two or
more railway or street railway companies prior to the pass-
ing of this Act.

Examination of Motormen.

Examination
of applicants
for position
as motorman.

221. — (1) No applicant for a position as a motorman on
any railway or street railway operated by electricity shall
be appointed to such position until he has been subjected
to a thorough examination by an examiner or examiners
to be approved by the Board as to his habits, physical
ability and intelligence. He shall then be placed on a
car with an instructor, and when the said examiner is
satisfied as to the applicant's capability for the position of
motorman, he shall so certify to the Board, and, if appoint-
ed, the applicant shall, so far as reasonably possible, first
serve on the lines of least travel.

Company to
pay examiner.

Examination
as to eyesight.

(2) The company shall pay for the services of such ex-
aminer.

Examination for Colour Blindness.

222. — (1) No company shall hereafter employ any person
in a position which requires him to distinguish form or
colour signals unless such person, within two years next
preceding his appointment, has been examined for colour
blindness on the distinct colours in actual use as signals on

the

1906.

RAILWAYS.

Chap. 30. 299

the company's line of railway, and also as to his eyesight
generally, by some competent person to be employed for the
purpose by the company and has received a certificate that
he is not disqualified for such position by colour blind-
ness, or otherwise in respect of his eyesight, in the colours
and forms used on such railway or on railways crossing or
connecting with it.

(2) The company shall cause such employees to be re- Re-examin-
examined for colour blindness, and otherwise in respect of\atIon'
their eyesight, at least once in every two years.

(3) Nothing in this section contained shall prevent the Whe.n defect

v/ . ° .... , r , can be rem-

company from continuing m its employment any employee edied by glasses
having defective sight in cases where the same can be fully
remedied by the use of glasses or by other means satisfac-
tory to the person making the examination.

(4) For violation of the provisions of this section the Penalt-V-
company shall for each offence be liable to a penalty of

one hundred dollars.

(5) This section shall apply to street railways. Application to

street railways.

ACTIONS FOR DAMAGES.

223. — (1) All actions or suits for any damages or injury Limitation of
sustained by reason of the construction or operation of damages*
the railway shall be commenced within one year next after

the time when such supposed damage is sustained, or if

there is continuation of damage within one year next after

the doing or committing of such damage ceases, and not Pleadin£s-

afterwards.

(2) Nothing in this section shall apply to any action certain
brought against the company upon any breach of contract, excepted,
express or implied, as to or upon any breach of duty in the
carriage of any traffic nor to any action against the com-
pany for damages under any section of this Act respecting

tolls.

(3) This section shall apply to street railway companies. Application to

street railways.

AGREEMENTS WAIVING RIGHT TO DAMAGES FOR DEFECTIVE
MACHINERY VOID.

224. — (1) No company owning or operating a railway or Contracts waiv-
street railway in whole or in part in this Province shall damages1 to
adopt or promulgate any rule or regulation for the govern- ^gloyees
ment of its servants or employees, or make or enter into

any contract or agreement with any person engaged in or
about to engage in its service, in which such employee
directly or indirectlv, promises or agrees to hold such
company harmless, on account of any injury he may
receive by reason of any accident to, breakage, defect or
insufficiency in the cars, motors, locomotives or machin-
ery or attachments thereto belonging, and any such rule,
regulation, contract or agreement shall be void and of no

effect.

300

Chap. 30.

RAILWAYS .

6 Edw. VII

Person.

effect. And no such company shall demand, accept,
require, or epter into any contract or agreement with any
person about to enter, or in the employ of the company
whereby such person agrees to surrender or waive any
right to damages for personal injury or death against any
such company thereafter arising; and all such contracts
and agreements shall be void.

(2) Every company violating or aiding in the violation
of this section shall for each offence be liable to a penalty
of five hundred dollars to be recovered in any court of com-
petent jurisdiction by any person suing therefor.

toopSte110* (3) No such company shall knowingly or negligently
machinery use or °Perate anv car> motor or locomotive that is defec-
tive, or any car, motor or locomotive upon which the
machinery or attachments thereto belonging are in any
manner defective.

Application to (4) This section shall apply to street railways and street

&tr66t r&ilwfivs. «n •

" railway companies.

WAGES OF LABOURERS.

on'abourerf on 225. In every case in which the Legislature; has granted
fi^fflsub*1"0" °f 01 sna^ grant financial aid by way of subsidy or guaran-
dizedbv tee towards the cost of railway construction, all mechanics,
Legislature. labourers or other persons who perform labour in such
construction shall be paid such wages as are generally
accepted as current for competent workmen in the district
in which the work is being performed ; and if there is no
current rate in such district, then a fair and reasonable
rate ; and in the event of a dispute arising as to what is the
current rate in such district, or a fair and reasonable rate, it
' shall be determined by the Board, whose decision shall be
final.

LIEN FOR WAGES.

Lien for wages. 226. — (1) Every mechanic, labourer or other person who
performs labour for wages upon the construction or main-
tenance of the railway or the works connected therewith,
shall have upon the said railway and other property of the
company a lien for such wages not exceeding the wages for
thirty days, or a balance equal to his wages for thirty days,
and the said lien may be enforced in the manner provided

Rev. stat. for enforcing liens for wages by The Mechanics' and Wagv

c- 153- Earners' Lien Act.

Application to. (2) This section shall apply to street railways.

street railways 'v '

HOURS OF LABOR.

Limit of 227. No company operating a line of railway of twenty

continuous miles in length or over, shall permit or require a conduc-
employment tor, engineer, motorman, fireman, trainman, despatcher or

signal

190G.

KAILWAYS.

Chap. 30.

:}01

signal man who has worked in any capacity for sixteen
consecutive hours, to go again on duty to perform any kind
of work, unless he has had at least six hours' rest.

RETURNS.

228.- — (1) Every company shall annually prepare in ac-j^nu^re-
cordance with forms which shall from time to time be prepared,
provided and supplied to the companies by the Board, .
returns of its capital, traffic and working expenses, and
of all information required, as indicated in such forms to
be filed with the Board; and such returns shall be dated
and signed by, and attested upon the oath of the secretary,
of the company, and of the president, or in his absence, of
the vice-president or manager of the company.

(2) Such returns shall be made for the period included tobe^noui^ed
from the date to which the then last yearly returns made

by the company extended, or from the commencement of
the operation of the railway, if no such returns have been
previously made, and, in either case, down to the last day
of December in the preceding year.

(3) Such returns, dated, signed and attested in manner Date ofretlirns
aforesaid shall be forwarded by such company to the Board

within three months after the thirty-first day of December
in each year.

(4) The company shall also, in addition to the inform- S^^en
ation required to be furnished to the Board, as indicated in required,
subsection 1 hereof furnish such other information and
returns as are, from time to time, required by the Board

or as shall hereafter be ordered by the Legislature.

(5) The Board shall transmit the returns so made to^^°se^e
the Lieutenant-Governor in Council who shall lay the Legislative
same before the Legislature, within twenty-one days from

the commencement of each session thereof.

229. The company shall, within ten days after the first SdmtetoS
days of January and July, in each and every year, make mt^semi-
to the Board, under the oath of the president, secretary or
superintendent of the company, a true and particular re-
turn of all accidents and casualties (whether to persons or
property) which have occurred on the railway of the com-
pany during the half year next preceding each of the said
periods respectively, setting forth —

1. The causes and nature of such accidents and cas-
ualties ;

2. The points at which they occurred, and whethpr by
night or by day;

302

Chap. 30.

RAILWAYS.

6 Edw. VII

3. The full extent thereof, and all particulars of the
same; and shall also at the same time return a true copy
of the existing by-laws of the company, and of their rules
and regulations for the management of the company and
of the railway.

fppSmedby 230. The Board may order and direct, from time to
thecommis- time, the form in which such returns shall be made.

sinner.

Such returns
to be privileg-
ed communi-
cations.

231. All such returns relating to accidents made in
pursuance of the provisions of this Act shall be privileged
communications, and shall not be evidence in any court
whatsoever except to enforce the penalties for failure or
neglect to furnish such returns as required by this Act.

Returns to
Board, of
assets and
liabilities.

Of stock
issued and
outstanding.

Of earnings
and expendi-
ture.

Of bonuses.

Of bonds.

Of secured
liabilities.

Of cost of
property .

Of cost of
acquirements,

Of leases and
contracts.

Generally.

232. The Board may, from time to time, by notice
served upon the company, or any officer, servant or agent
of the company, require it, or such officer, servant or agent
to furnish the Board, at or within any time stated in such
notice, a written statement or statements showing in so
far, and with such detail and particulars, as the Board re-
quires, the assets and liabilities of the company — the
amount of its stock issued and outstanding — the date at
which any such stock was so issued — the amount, and nature
of the consideration received by the company for such issue,
and, in case the whole of such consideration was not paid
to the company in cash, the nature of the service rendered
to or property received by the company for which any stock
was issued — the gross earnings or receipts or expenditure
by the company during any periods specified by the Board,
and the purposes for which such expenditure was made —
the amount and nature of any bonus, gift, or subsidy, re-
ceived by the company from any source whatsoever, and
the source from which and the time when, and the circum-
stances under which, the same was so received or given —
the bonds issued at any time by the company, and what
portion of the same are outstanding and what portion, if
any, have been redeemed, — the amount and nature of the
consideration received by the company for the issue of
such bonds — the character and extent of any liabilities
outstanding, chargeable upon the property or undertak-
ing of the company, or any part thereof, and the consid-
eration received by the company for any such liabilities,
and the circumstances under which the same were created
— the cost of construction of the company's railway or of
any part thereof, — the amount and nature of the consid-
eration paid or given by the company for any property
acquired by it, — the particulars of any lease, contract or
arrangement entered into between the company and any
other company or person, — and generally, the extent,

nature^

1906.

RAILWAYS.

Chap. 30.

303

nature, value and particulars of the property, earnings,
and business of the company.

233. The: Board may summon, require the attendance of , Powers of
and examine under oath, any officer, servant or agent of respecting
the company, or any other person, as to any matters in- returns-
eluded in such return, or which were required by the notice
aforesaid to be returned to the Board, and as to any matter

or thing which, in the opinion of the Board, is relevant to x
such return, or to any inquiry which the Board deems it 0r inquiries
expedient to make in connection with any of the matterss™*Pecti"K
in the last preceding section mentioned, and for such pur-
poses may require the production to the Board of any books production
or documents in control of the company, or of such officer, documents,
servant, agent or person.

234. If any company or officer, servant, or agent thereof Refusal to
wilfully or negligently refuses to make the returns required ma e returns'
by this Act or by the Board under the authority thereof

when, and as thereunto required by the Board, or fails to
make any such return to the utmost of its, or his know-
ledge or means of knowledge, the company, and every Penalties,
such officer, servant or agent, so in default, shall severally
be liable to a penalty not exceeding twenty dollars.

235. If the company, or any officer, servant, or agent Making false
thereof, wilfully or negligently makes any false return, Board.8 10
or any false statement in any such return, the company,

and any such officer, servant or agent, shall be severally
liable to a penalty not exceeding five hundred dollars, and
such officer, servant or agent shall also on summary convic-
tion, be liable to imprisonment for any period not exceed-
ing six months in the common jail of the county where
such conviction is had.

236. The sections relating to "Returns," being sections Application of
228 to 235, inclusive, of this Act, shall apply to street rail_ sections 228-235
way companies.

INVESTIGATION OF ACCIDENTS.

237. — (1) Every company shall, as soon as possible, andNoticeof
immediately after the head officers of the company have accldent-
received information of the occurrence upon the railway
belonging to such company of any accident, give notice
thereof, with full particulars, to the Board; and every
company which wilfully and negligently omits to give such
notice shall forfeit to His Majesty the sum of two hundred S&f1
dollars for every day during which the omission to give

the same continues.

(2)

304 Chap. 30. railways. 6 Edw. YII

notice°and in ^ Board may by regulation declare the manner and
yestigatjon form in which such information and notice shall be given
into accidents. anci ^e c\ass 0f acei(ients to which the next preceding sub-
section shall apply, and may declare any such information
so given to be privileged, and the Board may inquire into
all matters and things which it deems likely to cause or pre-
vent accidents, and the causes of, and the circumstances
connected with, any accident, or casualty to life or property
occurring on any railway, and into all particulars relat-
ing thereto.

Report. (3) The Board may order the company to suspend or dis-

miss any employee of the company whom it may deem to
have been wilfully negligent in respect of any such acci-
dent.

Result of (4) The Board shall include in their annual report to the

repOTtedto136 Lieutenant-Governor in Council, the result of any such
enquiry with such recommendations as to it may seem
proper.

Government.

Application to
street railways.

(5) This section shall apply to street railway companies.

ANIMALS AT LARGE.

Cattle not
allowed at
large near
railway.

238. — (1) No horses, sheep, swine or other cattle shall be
permitted to be at large upon any highway, within half a
mile of the intersection of such highway with any railway
at rail-level, unless such cattle are in charge of some com-
petent person or persons, to prevent their loitering or stop-
ping on such highway at such intersection, or straying
upon the railway.

^pounded cattle found at large contrary to the provisions of

this section may, by any person who finds the same at large
be impounded in the pound nearest to the place where the
same are so found, and the pound-keeper with whom the
same are impounded shall detain the same in the like man-
ner, and subject to like regulations as to the care and dis-
posal thereof, as in the case of cattle impounded for, tres-
pass on private property.

(3) If the cattle of any person, which are at large contrary
to the provisions of this section, are killed or injured by
any train, at such point of intersection, he shall not have
any right of action against any company in respect of the
same being so killed or injured.

Application of (4) This section shall apply only to railways where oper-
section. a ting either by steam or electricity upon a right of way
owned by the company.

OFFENCES

Right of

action

negatived.

1906.

RAILWAYS.

Chap. 30.

305

OFFENCES AND PENALTIES .

239. — (1) No company shall, either directly or indirectly, ft'ockTn "tier
employ any of its funds in the purchase of its own stock orcomPanies-
in the acquisition of any shares, bonds or other securities

issued by any other railway company in Canada; but this
shall not affect the powers or rights, if any, which any com-
pany in Ontario now has or possesses by virtue of any spe-
cial Act to acquire, have or hold shares, bonds or other b
securities of any railway company in Canada or the United
States.

(2) Every director of a railway company, who knowingly ^^'fty of
permits the funds of any such company to be applied in vio-
lation of this section, shall incur a penalty of one thousand
dollars for each such violation, which penalty shall be
recoverable on information filed in the name of the Attor-
ney-General of Ontario ; and a moiety thereof shall belong
to His Majesty, and the other moiety thereof shall belong
to the informer, and the acquisition of each share, bond or
other security, or interest, as aforesaid, shall be deemed a
separate violation of the provisions aforesaid.

240. — (1) Every person not connected with the railway, waikingon
or employed by the company, who walks along the track prohibited,
thereof, except where the same is laid across or along a
highway, is liable on summary conviction to a penalty not
exceeding ten dollars.

(2) Every person who wilfully breaks down, injures, Destruction
weakens or destroys any gate, fence, erection, building or bridges?etc.
structure of a company, or removes, obliterates, defaces or
destroys any printed or written notice, direction, order, by- notfce°getc.
law or regulation of a company, or any section of, or ex-
tract from this Act or any other Act of the Legislature,

which a company or any of its officers or agents have
caused to be posted, attached or affixed to or upon any
fence, post, gate, building or erection of the company, or
any car upon any railway, shall be liable on summary con- PenaUy
viction to a -penalty not exceeding fifty dollars, or, in de-
fault of payment, to imprisonment for a term not exceeding
two months.

(3) Every person who enters upon any railway train with auemptin's'to
intent fraudulently to be carried upon the said railway ^"'.eiwhhout
train without paying fare thereon, or who wilfully ob-
structs or impedes any officer or agent of the company in the
execution of his duty upon any train, railway, or upon any obstructing
of the premises of the company, or who wilfully trespasses authorities,
by entering upon any of the stations, cars or buildings of

the company in order to occupy the same for his own pur- Trespassing,
poses, shall be liable to the like penalty or imprisonment,
and shall be liable to be proceeded against and dealt with
20 s. in

306

Chap. 30.

RAILWAYS.

6 Edw. VII

Penalties. in like manner, as mentioned in subsection 2 of this
section in regard to the offences therein mentioned.

Board may
order foot-
bridges
erected at
level
crossings.

Subsequent
use of
highway
crossing.

Penalty for
non-compli-
ance.

241. — (1) If the Board orders any company to erect, at or
near, or in lieli of, any highway crossing at rail level, a
foot bridge, or foot bridges, over its railway, for the pur-
pose of enabling persons, passing on foot along such high-
way, to cross the railway by means of such bridge or
bridges, from and after the completion of such foot bridge
or foot bridges so required to be erected, and while the com-
pany keeps the same in good and sufficient repair, such
crossing shall not be used by foot passengers on the said
highway, except during the time when the same is used
for the passage of carriages, carts, horses or cattle along
the said road.

(2) Every person who offends against the provisions of
this section is liable, on summary conviction to a penalty
not exceeding ten dollars.

Penalty for
erection, etc.,
of structures
in violation
of this Act.

Liability of
company,
directors, etc.
in certain
cases.

Damages.

Penalty.

242. Every company which shall erect, operate or
maintain any bridge, approach, tunnel, viaduct, trestle, or
any building, erection or structure, in violation of this
Act, or of any order or regulation of the Board, shall for
each offence incur a penalty of fifty dollars.

243. The company, or any director or officer thereof, or
any receiver, trustee, lessee, agent, or person, acting for or
employed by the company, doing, causing or permitting to
be done, any matter, act or thing contrary to the provisions
of this or the special Act, or to the orders or directions
of the Board made hereunder, or omitting to do any matter,
act or thing required to be done on the part of any such com-
pany, or person, is liable to any person injured thereby for
the full amount of damages sustained by such act or
omission; and if no other penalty is, in this or the special
Act, provided for any such act or omission, is liable, for
each offence, to a penalty of not less than twenty dollars,
and not more than five thousand dollars, in the discretion
of the court before which the same is recoverable.

torinway1101 ^4- Every person who sells, gives or barters any
employees spirituous or intoxicating liquor to or with any servant or
employee of any company, while actually employed in the
course of his duty on a train or car or while in uniform or
in connection with the operation of a train or car, is liable
on summary conviction to a penalty not exceeding twenty-
five dollars, or to imprisonment with or withoiit hard labour
for a period not exceeding one month, or to both.

Fn™oxi"cated 245. Every person who is intoxicated while he is in charge
while on duty. 0f a locomotive engine, or electric motor, or acting as the
20a s. conductor

1906.

RAILWAYS.

Chap. 30. 307

conductor of a car or train of cars, shall be liable on sum-
mary conviction to a penalty of $200 or imprisonment for
one year or both.

246. Every officer or servant of, and every person em- violation by
ployed by the company, who wilfully or negligently byTa'ws? etc°,f
violates any by-law, rule or regulation of the company orP^^a^™
its directors lawfully made and in force, or any order or 6»
notice of the Board, or of an inspecting engineer, of which

a copy has been delivered to him, or which has been posted
up or open to his inspection in some place where his work
or his duties, or any of them, are to be performed, if such
violation causes injury to any person or to any property,
or exposes any person or any property to the risk of such
injury, or renders such risk greater than it would have been
without such violation, although no actual injury occurs is
liable on summary conviction to a penalty of not less than penalty.
•<i and not more than $50 or to imprisonment with
or without hard labour for not more than three months
or to both.

247. Every person who wilfully or negligently violates violation of
any lawful by-law, rule or regulation of the company is^o"}^610,1
liable, on summary conviction, for each offence, to a pen-Persons-
alty not exceeding the amount therein prescribed, or if

no amount is so prescribed, to a penalty not exceeding

twenty dollars; but no such person shall be convicted of

any offence, unless at the time of the commission thereof a proviso as

printed copy of such by-law, rule or regulation was posted b° D°^inJ[c

in some conspicuous place at or near the station at which

the offender entered the train or in the passenger cars of

the train.

248. Every person who unlawfully and maliciously, Damaging

J J J freight with

intent to steal

(a) bores, pierces, cuts, opens or otherwise injures anycontents-
cask, box or package, which contains wine, spirits or other
liquors, or any case, box, sack, wrapper, package or roll of
goods, in, or about any car, wagon, boat, warehouse, sta-
tion house, wharf, quay or premises of, or which belong to

any company, or —

(b) drinks or wilfully spills or allows to run to waste any Drinking or
such liquors, or any part thereof, — uquo'r!8

is liable, on summary conviction, to a penalty not ex- Penalties,
ceeding twenty dollars over and above the value of the
goods or liquors so taken or destroyed, or to imprisonment,
with or without hard labour, for a term not exceeding one
month, or to both.

(c) Any person who wilfully breaks down, injures, weak- interfering
ens, destroys or interferes with any pole, wire, insulator, wires pow"0
structure or erection for carrying wires of an electric rail_ etc., or notices.

way

3<t8

Chap. 30.

RAILWAYS.

6 Edw. VII

way company, or for the transmission of electric power, or
who shoots at any insulator on any such poles, erections or
structures, with fire-arms of any kind, or -throws stones or
other missiles at, or breaks, or attempts to break the same
in any way, or flings or causes to be placed any wire, rope,
string or stick at, upon or across the said wires, or without
authority climbs any of such poles or structures or erec-
tions used for transmitting electric current, or removes,
obliterates, defaces or destroys any printed or written no-
tice, direction, order, by-law or regulation of the Lieu-
tenant-Governor in Council or of any commission appointed
by him or of a company or of a municipal corporation
or any section or extract from this Act or any other Act of
the Legislature pasted, attached or affixed to or upon any
pole, tower, fence, post, gate, building or erection of the
company, shall be liable on summary conviction to a pen-
alty not exceeding $100 and not less than $ 15, or in default
of payment to imprisonment for a term not exceeding six
months.

Each day's
violation of
this Act, or
order

hereunder,
a distinct
•ffence.

249. When the violation of, or failure to complv with,
any provisions of this Act, or any regulation or order or
direction of the Board, or of any inspecting engineer, is
made an offence subject to penalty, by this Act, or by any
regulation made under this Act, each day's continuance of
such violation, or failure, to comply, shall constitute a new
and distinct offence.

Act or omis-
sion of officer,
etc., deemed
to be act or
•mission of
Company.

Certain penal-
ties may be
imposed cn
summary con-
victions.

Recovery of
penalties.

250. For the purpose of enforcing any penalty under any
of the provisions of this Act, or enforcing any regulation,
order, or direction of the Board, or of any inspecting engin-
eer, made under this Act, the act, omission, or failure of any
officer, agent, or other person acting for, or employed by the
company acting within the scope of his employment shall in
every case be also deemed to be the act, omission or failure
of such company as well as that of the person ; and anything
done or omitted to be done by the company, which, if done
or omitted to be done by any director, or officer thereof, or
any receiver, trustee, lessee, agent, or person acting for or
employed by the company, would constitute an offence
under this Act, shall also be held to be an offence com-
mitted by such company, and upon conviction thereof the
company shall be subject to the like penalties as are pres-
cribed by this Act with reference to such persons.

fo'r'contraven " ^° Pun^s^merL^ f°r a Contravention of this Act or

tionofthis of the special Act, by the company, shall exempt the com-
toCexcmptnot pany from the forfeiture of the privileges or franchise
for?eUl"refrom con^erre(1 on it by the said Acts or by any agreement
made between the company and any municipal corpor-
ation if by the provisions thereof, or by law, the same be
forfeited by such contravention.

252

1906.

RAILWAYS.

Chap. 30.

309

252. Tiie sections of this Act relating to offences and sections 23*2*1
penalties, being- sections 239 to 251 inclusive, shall so f ar s?reetPraflway«.
as applicable apply to street railways and street railway
companies.

RECOVERY AND PAYMENT OF PENALTIES.

253. The company may in all cases under this Act pay The Compaq
the amount of any penalty and costs imposed upon an any amide""
officer, servant, or person in the employ of the company, cages'!0™
and recover the same from the offender or deduct it from

li is salary or pay.

254. All penalties incurred under any of the sections of How penalties
this Act, unless otherwise provided, may be recovered in applied6*1 and
the name of His Majesty, by His Majesty's Attorney Gen-
eral for Ontario, in any court of competent jurisdiction;

and all penalties recovered under this Act shall, unless
otherwise herein expressly provided, be paid to the Treas-
urer of the Province to the credit of "The Consolidated
Revenue Fund."

255. The last preceding two sections shall applv to street Application t*

■ -1 . r street railways.

railway companies.

TRANSMISSION OF POWER ON RIGHT OF WAY.

256. The Board, upon receiving instructions in that crown may
behalf from the Lieutenant-Governor in Council, and the way for the
officers, agents and servants of the Board, may at all poXeTto^^-
times enter upon the right of way of the company and may cipaiities.
dig up the same, erect thereon all necessary poles, or lay

all necessary conduits, and erect, place and put down all
cables, wires and poles for the transmission of electrical
or other power from any point in the Province of On-
tario to the works and plant of any municipal corporation
for the distribution of such power within the limits of the
municipality; provided that the track and traffic, wires
and poles of the company shall not be injured, removed or
otherwise dealt with in the exercise of the powers hereby
conferred except under and subject to any agreement which
may be entered into between the Lieutenant-Governor in
Council and the company.

USE OF RAILWAY BY DOMINION GOVERNMENT.

257. — (1) His Majesty's Mail, His Majesty's Naval Or Provision as t»
Military Forces or Militia, and all artillery, ammunition, His Majesty's
provisions or other stores for their use, and all policemen, mai1, ct<'•
constables and others travelling on His Majesty's service,

shall at all times, when thereunto required by His Ma-
jesty's Postmaster-General, the Commander of the Forces,

310

Chap. 30.

RAILWAYS.

6 Edw. VII

or any person having the superintendence or command of
any Police Force, and with the whole resources of the com-
pany if required, be carried on the railway, on such terms
and conditions, and under such regulations as may be
made by the Governor-General in Council or Lieutenant-
Governor in Council as the case requires.

Government (2) The Governor-General or Lieutenant-Governor as the

to hfLV6 0XClll~

siveuseof case may be, or any person thereunto authorized by them,
telegraph. require the company to place any electric telegraph,

and the apparatus and operators they may have, at the
exclusive use of the Government, receiving thereafter rea-
sonable compensation for such service.

rtrTefrai'iwal-s (3) This section shall apply to street railway companies.

CONVEYANCES OF LAND.

of°iaVndtoCes — (1) Conveyances of land to the company, for the

company. purposes of and powers given by this Act, made in the form
set forth in Schedue "B" to this Act or to the like effect,
shall be sufficient conveyance to such company, its suc-
cessors and assigns of the estate or interest therein men-
tioned, and sufficient bar of dower respectively of all per-
sons executing the same ; and such conveyances shall be
registered in the same manner, and upon such proof of
execution as is required under the registry laws of On-
tario ; and no registrar shall be entitled to demand more
than seventy-five cents for registering the same, including
all entries and certificates thereof, and the certificates in-
dorsed on the duplicates thereof.

strTet raVhvays (2) This section shall apply to street railway companies.

REPEAL OF ACTS.

Repeal of Acts. 259. The following Acts of the Legislative Assembly are
hereby repealed : —

Chapter 207 if the Revised Statutes of Ontario, "The
Railway Act of Ontario" — the whole.

Chapter 208 of the Revised Statutes of Ontario, "The
Street Railway Act" — the whole.

Chapter 209 of the Revised Statutes of Ontario, "The
Electric Railway Act" — the whole.

Chapter 11 of 62 Victoria, 2nd session — section 23.

Chapter 25 of 62 Victoria, 2nd session — the whole.

Chapter 31 of 63 Victoria — the whole.

Chapter 25 of 1 Edward VII.— the whole.

Chapter 26 of 2 Edward VII.— the whole.

Chapter 27 of 2 Edward VII.— the whole.

Chapter 17 of 3 Edward VII.— the whole.

Chapter 10 of 4 Edward VII— section 79.

commence- 260. This Act shall come into force on the first day of

ment of Act. T -mn^

•June, 191)6.

SCHEDULE "A"

190(i.

KAIL WAYS.

Chap. 30.

311

SCHEDULE "A."

(Section H5.)

Chief Engineer's Certificate.

The Railway Company's Office, No.

. A.D. 190 .

Engineer's Department.

Certificates to be attached to cheques drawn on The

Railway Company Municipal Trust Account given
under section 145 of The Ontario Bail way Act, 1906.

1, chief engineer of The

Railway Company do hereby certify that the said
company has fulfilled the terms and conditions necessary to be ful-
filled under the said By-law No. of the of
(or under the agreement dated the day of 19 ,
between the corporation of and the company)
to entitle the said company to receive from the said trust company
the sum of {here set out the terms and conditions,
if any, which have been fulfilled).

SCHEDULE "B."
(Section 258.)

Know all men by these presents that I (or we) (insert the name
or names of the vendor or vendors) in consideration of
dollars paid to me (or us) by The Railway
Company, the receipt whereof is hereby acknowledged, do grant
and convey unto the said company, and I (or we) (insert the name
or names of any other party or parties) in consideration of

dollars paid to me (or us) by the said company, the
receipt whereof is hereby acknowledged, do grant and release all
that certain parcel (or those certain parcels, as the case may be)
of land (describe the land) the same having been selected and laid
out by the said company for the pur poses of its railway, to hold
with the appurtenances unto the said The Railway
Company, their successors and assigns forever (here insert any other
clauses, covenants and conditions required), and I (or we) the wife
(or wives) of the said do hereby bar my (or our) dower

in the said lands.

As witness my (or our) hand and seal (or hands and seals), this
day of one thousand nine

hundred and

Signed, sealed and delivered
in the presence of

[L.S.]

CHAPTER

312

Chap. 31. RAILWAY AND MUNICIPAL BOARD. 6 EDW. VII

CHAPTER 31.

An Act for the appointment of a Railway and
Municipal Board.

Assented to 14th May, 1906.

Short Title, s. 1.
Interpretation, ss. 2, 3.
Application of Act, s. 3.
Constitution, Offices, Sit-
tings, ss. 4-12.
Secretary, s. 13.
Salaries and Staff, ss. 14, 15.
General Jurisdiction and Pow-
ers, ss. 16-25.
May act upon its own initia-
tive, s. 18.
Rules and Regulations, ss. 19-
21.

Notices, how given, s. 23.
Duty of Company on receipt

of order, s. 24.
Sheriffs, etc., to obey orders of

Board, s. 25.
Practice and Procedure, Evi-
dence, ss. 26-42.
Existing orders of Railway

Committee, s. 32.
Powers of Railway Committee

until Board organized, s. 33.
Orders of Board may be made

orders of Court, s. 34.
Terms of Orders, ss. 35-38, 40.
General rules of practice, s. 39.
Judgments of other courts not

to bind Board, s. 41.

Stating case for Court of Ap-
peal, s. 42.
Appeals, s. 43.

Reference of matters to Board

of Government, s. 44.
Costs, s. 45.

Expense of Works ordered by
Board, s. 46.

Proceedings instituted by At-
torney-General, s. 47.

Board may order enquiries, sb.
48, 49.

Witness fees, s. 50.

Additional Powers, ss. 51-54 .
Assessment Appeals, ss. 51, 52.
Municipal matters, ss. 53-57.
Regulating electrical compan-
ies, s. 54.

Enquiries into facts for Gov-
ernment, etc., s. 55.

Annual Report, s. 56.

Labour Disputes, ss. 58, 59.

Fees and Expenses, ss. 60-62.

Enforcement of Agreement bh-
tween companies and munici-
palities, ss. 63, 64.

Pending proceedings, s. 65.

Commencement of Act, s. 66.

HIS' MAJESTY, by and with the advice and consent
of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

Short title 1. This Act may be cited as "The Ontario Railway and

Municipal Board Act, 1906."

interpretation 2. The interpretation sections of "The Ontario Railway
Act, 1906," shall apply to this Act.

1906.

RAILWAY AND MUNICIPAL BOARD. Chap. 31

313

3. — (1) All the provisions of this Act relating to rail- To apply to
ways shall apply to all railways, whether operated by street Tiuiw&y
steam, electricity or other motive power, including Street
Railways; and the expression "Railway" shall include
"a Street Railway."

(2) "Public Utility" shall mean and include any water ;" Puttie utii-
works, gas works, electric heat, light and power works t '
and telegraph or telephone lines or any similar workt
supplying the general public with necessaries or conven-
iences.

NAME, CONSTITUTION, DUTIES, ETC.

4:. — (1) From and after the appointment of the Board ^^fu>(
the Railway Committee of the Executive Council of On- abolished,
tario shall be abolished.

(2) The Lieutenant-Governor may from time to time Afpp^^?^*n
appoint a Commission to be called "The Ontario Railway
and Municipal Board."

(3) Such Board shall be composed of three members, one constitution of
of whom shall be the chairman thereof who shall be Board'
appointed chairman by the Lieutenant-Governor in Coun-
cil and shall continue to be chairman so long as he is a
member of the Board.

(4) Vacancies caused by death, resignation or otherwise Vacancies,
may from time to time be filled by the Lieutenant-Gov-
ernor in Council.

(5) The Board shall have all the powers of a Court of Board to have
Record and shall have an official seal which shall be judi- courYof0
cially noticed. Record.

(6) Each member of the Board shall hold office during Tenure of
pleasure. office-

(7) Whenever any power or authority is given or duty powers, etc.,
imposed upon the Railway Committee of the Executive committee7
Council of Ontario by any Act or document, such power, gp"rs(^erred 10
authority or duty may or shall, as the case may be, be
exercised by the Board.

<t. In case of the absence of the Chairman, or of Lis power oi f vice-
inability to act, the Vice-Chairman shall exercise the chalrman-
powers of the Chairman in his stead ; and in such case
all regulations, orders and other documents signed by the
Vice-Chairman shall have the like force and effect as if
signed by the Chairman. Whenever the Vice-Chairman

appears

314 Chap. 31. RAILWAY AND MUNICIPAL BOARD. 6 EdW. YII.

appears to have acted for and instead of the Chair-
man, it shall be conclusively presumed that he so acted in
the absence or disability of the Chairman within the mean-
ing of this section.

Quorum. 6. Not less than two members shall attend at the

hearing of every case and the Chairman, when present,
shall preside, and his opinion upon any question, which
in his opinion is a question of law, shall prevail. In any
case where there is no opposing party, and no notice to
be given to any interested party, any one member may act
alone for the Board.

Appointments 7. Whenever any member is interested in any mat-
pro hac vice. ^er ]3efore ^e Board, the Lieutenant-Governor in Council
may, either upon the application of such member or other-
wise, appoint some disinterested person to act as member
ter before the Board, the Lieutenant-Governor in Council
also appoint a member pro hac vice in the case of sick-
ness, absence or inability to act, of any member.

Members of
Board not to
hold railway
stock, etc.

8. — (1) No member shall, directly or indirectly, hold,
purchase, take or become interested in, for his own behalf,
any stock, share, bond, debenture or other security, of
any railway company, street railway company or public
utility subject to this Act or the said Act nor shall, di-
rectly or indirectly, have any interest in any device, appli-
ance, machine, patented process or article, or any part
thereof, which may be required or used as a part of the
equipment of railways or of street railways, or of any
rolling stock to be used thereon; and, if any such stock,
share, bond or other security, device, appliance, machine,
patented process or article, or any part thereof, or any
interest therein, shall come to, or vest in any such member
by will or succession, for his own benefit, he shall, within
three calendar months after the same shall so come to, or
vest in him, absolutely dispose of the same, or his interest
therein.

Members of (2) No member shall act as an officer or director of
officers""/10 be any public utility or of any company that has power to
directors of invest any portion of its funds in the securities of a rail-
way company, street railway company, or public utility
company.

certain
companiei

Members to 9. The members shall devote the whole of their
ttoetowOTk time to the performance of their duties under this Act,
of Board. an(j shall not accept or hold any office or employment in-
consistent with this section.

10.

1906. RAILWAY AND MUNICIPAL BOARD. Chap. 31 315

10. The Lieutenant-Governor in Council shall provide offices at
within the City of Toronto, a suitable place in which theToronto-
sessions of the Board may be held, and also suitable

offi ces for the members, Secretary, staff and other
employees, and all necessary furnishings, stationery and
equipment for the establishment, conduct and mainten-
ance of the same, and for the performance of the duties
of the Board.

11. The members shall sit at such times and places and f^",!^8 of
conduct their proceedings in such manner as may seem to

them most convenient for the speedy despatch of busi-
ness; they may, subject as in this Act or in the said On-
tario Railway Act, 1906, mentioned, sit either together
or separately, and either in private or in open court, but
any complaint made to them shall, on the application of
any party to the complaint, be heard and determined in
open court.

12. — (1) In case sittings of the Board or of any member u**^f court
thereof are appointed to be held in any city, town or place
in which a Court House is situated, the member presid-
ing at any such sittings, shall have, in all respects the
same authority as a Judge of the High Court in regard
to the use of the Court House and other buildings or
apartments set apart in the county for the administration
of justice.

(2) In case sittings of the Board or of any member use of town
thereof are appointed to be held in any municipality in a
which there is a Hall belonging to the municipality but no
Court House, the municipality shall allow such sittings to
be held in such Hall.

13.— (1) There shall be a Secretary of the Board, who secretary,
shall be appointed by the Lieutenant-Governor in Coun-
cil and shall hold office during pleasure.

(2) It shall be the duty of the Secretary —

(a) To attend all sessions of the Board, to keep a Duties of
record of all proceedings conducted before the Secretary-
Board or any member under this Act,
to have the custody and care of all records and
documents belonging or appertaining thereto,
or filed in his office, and to obey all rules and
directions which may be made or given by the
Board touching his duties or the governance
of his office.

/ ' (i)

316

Chap. 31. RAILWAY AND MUNICIPAL BOARD. 6 EDW. YII

Regulations
and orders of
the Board.

Record books.

Evidence.

Certified copies
of regulations
or orders.

Acting
Secretary.

(&) To have every regulation and order made by the
Board, drawn pursuant to the direction of the
Board, signed by the Chairman, sealed with the
official seal of the Board, and filed in the office
of the Secretary.

which he shall enter a true copy of every such
regulation and order and every other docu-
ment which the Board may require to be en-
tered therein, and such entry shall constitute
and be, and in all counts be deemed and taken
to be, the original record of any such regu-
lation or order.

(d) Upon application of any person, and on payment

of such fees as are authorized by this Act or
as the Board may prescribe, the Secretary shall
deliver to such applicant a certified copy of
any such regulation or order.

(e) In the absence of the Secretary from sickness or

any other cause, the Board may appoint an
Acting Secretary, who shall thereupon act in the
place of the Secretary, and exercise his powers.

(/) A member of the Board may act as secretary.

salaries. 14. The Chairman shall be paid an annual salary of

not more than $6,000, and the other two members shall be
paid each an annual salary of not more than $4,000. The
Secretary shall receive a salary to be fixed by the Lieutea-
ant-Governor in Council of not more than $2,000 annually.

Experts. J5 — (i) ^he Lieutenant-Governor in Council may

from time to time, upon the request of the Board, appoint
one or more experts, or persons having technical or
special knowledge of the matters in question, to assist in
an advisory capacity in respect of any matter before the
Board.

staff of Board. (2) There shall be attached to the Board such officers,
clerks, stenographers and messengers, as the Board, with

salaries. the approval of the Lieutenant-Governor in Council, from
time to time may appoint, at such salaries or remuneration
as are recommended by the Board and approved by the
Lieutenant-Governor in Council, The Board may, at will,
dismiss any such employee.

appSntee°to ^ Whenever the Board, by virtue of any power vested

make inquiry, in it by this Act, or the said Act, appoints or directs any

person

1906.

RAILWAY AND MUNICIPAL BOARD. Chap. 31

317

person, other than a member of the staff of the Board, to
perform any service required by this Act, or the said Act,
such person shall be paid therefor such sum for services and
expenses as the Lieutenant-Governor in Council upon the
recommendation of the Board, may, in such cases, deter-
mine.

(4) The sala ries or remuneration of all such officers, expenses of
clerks, stenographers, messengers, and appointees ancj^Jf^ how
all the expenses of the Board incidental to the
carrying out of this Act and the said Act, including all
actual and reasonable travelling expenses of the members,
Secretary, and of such appointees or persons on the staff of
the Board as may be required by the Board, to travel, neces-
sarily incurred in attending to the duties of their office,
shall be paid monthly out of such moneys as may be voted
by the Legislature for that purpose.

JURISDICTION AND GENERAL POWERS.

16. The Board shall have all the powers and author- Jurisdiction of

, . . . ctrm /-i 7-j -i a ir\r\n >j i Board upon

lty vested in it by I he Ontario Railway Act, Wub, and application,
shall also have full jurisdiction to inquire into, hear and
determine any application by or on behalf of any party
interested ;

(a) complaining that the company, or any person or dufi'eTunder
Municipal Corporation, has failed to do any act, matter any act,
or thing required to be done by this Act or the said Act order or°n '
or the Special Act, or by any regulation, order or direc- ftgreemeDt"
tion made thereunder, by the Lieutenant-Governor in
Council, the Board, or by any inspecting engineer, or by
any agreement entered into hy the company with any
Municipal Corporation, or has done or is doing any act,
matter or thing contrary to, or in violation of, this Act,
or the said Act, or the Special Act, or any such regulation,
order or direction, or any such agreement, —

_ (6) requesting the Board to make any order, or give any Giving orders,
direction, sanction or approval, which by law it is autW approval801
ized to make or give.

17. — (1) The Board may order and require any company Mandatory
or person or Municipal Corporation to do forthwith, or °r er"
within, or at any specified time, and in any manner pre-
scribed by the Board, so far as is not inconsistent with

this Act or the said Act, any act, matter or thing which
such company or person or Municipal Corporation is or
may be required to do under this Act or the said Act, or order10*'0"
the Special Act, or any such regulation, order, direction or
agreement, and may forbid the doing or continuing of any
act, matter or thing which is contrary to this Act or the said

Act

318

Chap. 31.

RAILWAY AND MUNICIPAL BOARD.

6 Edw. VII

Questions of
law and fact.

All powers of
a High Court.

Decision upon
questions
of fact or
whether party
is interested
conclusive.

Exclusive
jurisdiction.

Board may
act upon its
own motion.

Power to act
from time to
time.

Board may
make regula-
tions respect-
ing—

Passing from
car to car.

Coupling of
cars.

Shelter for
employees.

Devices to
avoid fires.

Act, or the Spec-iai Act, or any such regulation, order, di-
rection or agreement, and shall have full jurisdiction to
hear and determine all matters whether of law or of fact,
and shall, as respects the attendance and examination of
witnesses, the production and inspection of documents, the
enforcement of its orders, the entry on and inspection of
property, and other matters necessary or proper for the due
exercise of its jurisdiction under this Act, or the said Act,
or otherwise for carrying this Act or the said Act or
the Special Act, or any such regulation, order, direction
or agreement into effect, have all such powers, rights and
privileges as are vested in the High Court of Justice.

(2) The decision of the Board upon any question of
fact, and as to whether any company, municipality or per-
son is, or is not, a party interested within the meaning
of this section, shall be binding and conclusive upon all

companies and persons, and Municipal Corporations, and in
all courts.

(3) The Board shall have exclusive jurisdiction in all
cases and in respect of all matters in which jurisdiction is
conferred on it by this Act or by the special Act or by the
said Act, and save as herein otherwise provided no order,
decision or proceeding of the Board shall be questioned
or reviewed, restrained or removed by prohibition, injunc-
ton, certiorari or any other process or proceeding in any
court.

18. — (1) The Board may, of its own motion, or shall,
upon the request of the Lieutenant-Governor in Council,
inquire into, hear and determine any matter or thing
which, under this Act or the said Act, it may inquire into,
hear and determine upon application or complaint, and with
respect thereto shall have and may exercise the same powers
as, upon any application or complaint, are vested in it by
this Act or the said Act.

(2) Any power, or authority vested in the Board under
this Act or the said Act may, though not so expressed in
this Act or the said Act, be exercised from time to time, or
at any time, as the occasion may require.

19. — (1) Without thereby limiting the powers and
authority of the Board under this Act or the said Act, the
Board may make orders and regulations :

(a) with respect to the method and means of passing
from one car to another, either inside or overhead, and
for the safety of employees while passing from one car to
another, and for the coupling of cars;

(&) requiring proper shelter to be provided for all em-
ployees when on duty;

(c) with respect to the use on any steam engine, of
nettings, screens, grates and other devices, and the use
on any steam engine or car, of any appliances and pre-
cautions, and, generally, in connection with the railway

respecting

1906.

RAILWAY AND MUNICIPAL BOARD.

Chap. 31

319

respecting the construction, use and maintenance of
any fire-guard or works which may be deemed by the
Board necessary and most suitable to prevent, as. far as
possible, fires from being started, or occurring, upon;
along, or near the right of way of the railway;

(d) with respect to the rolling stock, apparatus, cattle- g°neprra0nyCtion
guards, fenders, appliances, signals, methods, devices,
structures and works, to be used upon the railway, so as to
provide means for the due protection of property, the em-
ployees of the company, and the public;

(e) with respect to any matter, act or thing which by other.matters.
this Act or the said Act or the Special Act is sanctioned,
required to be done, or prohibited.

(2) Any such orders or regulations may be made to apply Application of
to any particular district, or any railway or section, or por-orders'
tion thereof, and the Board may exempt any railway or por-
tion thereof, from the operation of any such order or regu-
lation, for such time, or during such period, as the Board

deems expedient.

(3) The Board may provide penalties, when not already Penalties-
provided in this Act or the said Act, to which every com-
pany or person or Municipal Corporation who offends
against any regulation made under this section shall be
liable, which shall not exceed one hundred dollars for

each offence. The imposition of any such penalty shall not
lessen or affect any other liability which any company or
person or Municipal Corporation may have incurred.

(4) The Board may review, rescind, change, alter or power to
vary any rule, regulation, order or decision made by it, review' etc-
whether previously published or not.

20. In case default shall be made in the doing of any Default sn^
act, matter or thing, which the Board may direct to be done Boa^rd may
by the company or person or Municipal Corporation who ^done by t0
is required to do the same, the Board may authorize such <>thers a"d .

xi. /> . i j i ■■ i ,, . expense to be

person as tney may see lit to do the act, matter or tiling, paid by
and in every such case the person so authorized may do efaulter'
such act, matter or thing, and the expense incurred in
the doing of the same may be recovered from the company
or person or Municipal Corporation in default as money
paid for and at the request of such company or person,
and the certificate of the Board of the amount so expended
shall be conclusive evidence thereof.

21. All orders or regulations under section 19 hereof may Application ot
be made to apply to any railways whether operated by railway
steam, electricity or other motive power and to street rail- comPanies-
ways; provided always that no such order or regulation

shall increase, or extend, lessen or impair any obligations
or duty resting upon, or any privilege or franchise enjoyed
by the company under the Special Act or under any agree-
ment.

320

Chap. 31.

RAILWAY AND MUNICIPAL BOARD. 6 EDW. VII

Enforcing
•rders of
Board.

Method of
giving notices

Ta railway
companies.

To munici-
palities, etc.

To other
companies.

To firms.

22. The Board shall also have power to enforce its orders
and directions in like case and in the manner and by the
means provided in section 63 of this Act.

23. — (1) Any notice required to be given to the com-
pany, or to any company, municipality, corporation, co-
partnership, firm or individual may be, and shall be deemed
to be sufficiently given or served by delivering the same,
or a copy thereof;

(a) in the case of the company, to the president, vice-
president, managing director, secretary or superintendent
of the company, or to some adult person in the employ of
the company at the head or any principal office of the
company ;

(6) in the case of any municipality, to the mayor, war-
den, reeve, treasurer, or clerk ;

(c) in the case of any other company, or body corporate,
to the president, vice-president, manager or secretary,
or to some adult person in the employ of the company at
the head office of such company;

(d) in the case of any firm or co-partnership, to any
member of such firm or co-partnership, or left at the last
place of abode of any such member with any adult mem-
ber of his household, or at the office or place of business
of the firm with a clerk employed therein :

(e) and, in the case of any individual, to him, or left at
his last place of abode with any adult member of his
household, or at his office or place of business with a clerk
in his employ ;

Provided that such notice is sufficient in substance, is
given in sufficient time, and, in the case of the Board, is
signed by the Secretary or Chairman; in the case of the
inspecting engineer or other officer or person appointed by
the Board, and required or authorized to give such notice,
is signed by such inspecting engineer, officer or other person
as the case may be; and in the case of any company or cor-
poration is signed by its president or secretary, or by its duly
authorized agent or solicitor : and in the case of any person,
is signed by such person, or his duly authorized agent or
solicitor.

Service by (2) When in any of the cases mentioned in this section,

cena^cases" ^ shall be made to appear to the satisfaction of the Board
in any matter within the jurisdiction of the Board undt*.
this Act or the said Act that service of such notice cannot be
made in the manner provided in this section, or that the per-
son to be served cannot be served, or that the company or
person to be served is seeking to evade service and therefore
cannot be served, the Board may order and allow such serv-
ice to be made by the publication of such notice for any
period not less than three weeks in the Ontario Gazette, and
also, if required, in any other newspaper or newspapers, and

service

To indi-
viduals.

Proviso.

1906.

RAILWAY AND MUNICIPAL BOARD.

Chap. 31

321

service by such publication shall be deemed to be as suffi-
cient as if the same had been served in the manner pro-
vided in subsection 1 of this section.

(3) Any regulation, order, direction, decision, report or service of

, v j , 1 . i.u • orders, reports

otner document may, unless m any case otherwise pro- or other
vided, be served in like manner as notice may be given documents-
under this section.

24. The company shall, as soon as possible after the £ ^ °n com'
receipt by it, or service upon it, of any regulation, order, J^jP*^
direction, decision, notice, report or other document of order.

the Board, or of the inspecting engineer, give cognizance
thereof to each of its officers and servants performing
duties which are or may be affected thereby, by delivering
a copy to him or by posting up a copy thereof in some place
where his work or his duties, or some of them, are to be
performed.

25. Sheriffs, Deputy Sheriffs, Constables and other sheriffs, etc.,
peace officers shall aid, assist and obey the Board in the of BoM-d.rders
exercise of the jurisdiction conferred by this Act whenever
required so to do, and shall, upon the certificate of the
Secretary be paid by the county or counties interested,

like fees as for similar services at the sittings of the High
Court for the trial of causes.

Practice and Procedure.

26. Every document purporting to be signed by the Chair- Evidence of
man and Secretary, or by either of them, or by the inspect- documents-
ing engineer, shall, without proof of any such signature, be

prima facie evidence in all courts, and shall be sufficient
notice to the company and all parties interested, (if served
therewith in the manner herein provided for service of
notice), that such document was duly signed and issued
by the Board, or inspecting engineer as the case may be;
and if such document purports to be a copy of any regu- Service of
lation, order, direction, decision or report, made or given copies,
by the Board, or inspecting engineer, it shall be prima
facie evidence in all courts of such regulation, order,
direction, decision or report, and when served on the com-
pany, or any person, in the manner in section 23 provided
for service of notice, shall be sufficient notice, to the com-
pany or such person, of such regulation, order, direction,
decision or report from the time of such service.

27. — (1) Any document purporting to be certified by the certified plan,
Secretary as being a copv of any plan, profile, book 'off(£iipnma
reference or any other document deposited with the Board, evidence.
or of any portion thereof, shall, without proof of signa-
ture of the Secretary, be in all courts prima facie evidence
of such original document, and that the same is so depos-
ited, and is signed, certified, attested or executed by the
persons by whom and in the manner in which, the same
21 s. purports

322

Chap. 31. RAILWAY AND MUNICIPAL BOARD. 6 EDW. VII

purports to be signed, certified, attested or executed, as
shown or appearing from such certified copy, and also, if
such certificate states the time such original was so de-
posited, that the same was deposited at the time so stated.

ofedocumentseS ^ ^ coPy °^ any regulation, order or other document
of Board. in the custody of the Secretary, or of record with the
Board, certified by the Secretary to be a true copy, and
sealed with the seal of the Board, shall, in all courts and
for all purposes, be prima facie evidence of such regula-
tion order or document, without proof of signature of
the Secretary.

publication of 28. Publication by the Board, or by leave of the
MdUordersS Board, for three weeks in the Ontario Gazette of any rule,
regulation, order or decision of the Board, shall be suffi-
cient notice thereof to the company, to all persons, and
to the public generally; and when such rule, regulation,
judicial order or decision, is so published, the same, while in force,
notice. shall have the like effect as if enacted herein, and all courts,

shall take judicial notice thereof.

Notice of 29. Except in any case where it is otherwise provided,

application. ^eji ^&yS' notiCe of any application to the Board, or of any
hearing by the Board, shall be sufficient, unless in any
case the Board directs longer notice. The Board may in
Board may any case, allow notice for any period less than ten days
time.length °f which shall be sufficient notice as if given for ten days
or longer.

Procedure in 30. When the Board is authorized to hear an applica-
whennoftses tion, complaint or dispute, or make any order, upon notice
notice given. ^0 ^ne parties interested, it may, upon the ground of ur-
gency, or for other reason appearing to the Board to be
sufficient, notwithstanding any want of, or insufficiency
in, such notice, make the like order or decision in the mat-
ter as if due notice had been given to all parties ; and such
order or decision shall be as valid and take effect in all
respects as if made on due notice; but any person entitled
to notice and not sufficiently notified may, at any time
within ten days after becoming aware of such order or
Rehearing on decision, or within such further time as the Board may
m^d^wMiin a^0W' aPPly to the Board to vary, amend or rescind such
ten days after order or decision, and the Board shall thereupon, on such
notice served. no^{ce ^G other parties interested as it may in its discre-
tion think desirable, hear such application, and either
amend, alter or rescind such order or decision, or dismiss
the application, as may seem to it just and right.

and order"8 ^ regulations and orders made by the Railway

of Railway Committee of the Executive Council of Ontario in force
continued at the time of the passing of this Act, shall continue in
repealed11' force until repealed, rescinded, changed or varied under
21a s. the

1906

KAIL WAY AND MUNICIPAL BOARD.

Chap. 31

323

the provisions of this Act or the said Act and the Board
shall have the like pow.ers to repeal, rescind, change or
vary the same, as in the case of regulations or of orders
which the Board may make under this Act or the said Act.

32. Notwithstanding the repeal by this Act or by the otXiRai"wayders
said Act of any Act relating thereto, all orders of the committee
Railway Committee of the Executive Council of Ontario cTde7s%™court.
in force at the time of the passing hereof, may be made
orders of the High Court of Justice, and may be enforced
in all respects, as nearly as may be, in the same manner, as*"
provided by this Act and the said Act in the case of sim-
ilar orders by the Board ; and all penalties, forfeitures and
liabilities attaching, under this Act or the said Act to the
violation of any regulation, or disobedience to any order
of the Board, shall apply and attach to any violation of,
or disobedience to, any regulation or order of the Rail-
way Committee of the Executive Council occurring after
the passing of this Act, in all respects as nearly as may be,
as if the same were a regulation or order of the Board.

RAILWAY COMMITTEE TO HAVE POWERS OF BOARD UNTIL BOARD

APPOINTED. •

33. The Railway Committee of the Executive Council g^g^ to
of Ontario shall have the powers and jurisdiction of the have powers of
Board and it shall be the duty of the said Railway Com- Board' 1
mittee to exercise the same until such time as the Board constituted,
is constituted under this Act.

ORDERS *0F BOARD MAY BE MADE ORDERS OF COURT.

34., — (1) Any decision or order made by the Board under ored°ers°"{s or
this Act or the said Act may be made an order of the High Board may be
Court of Justice, and shall be enforced in like manner as 0f court,
any order of such court.

(2) To make such decision or order an order of such court, Practice,
the usual practice and procedure of the court in such
matters may be followed; or, in lieu thereof, the Secre-
tary may make a certified copy of such decision or order,
upon which shall be made the following endorsement
signed by the Chairman and sealed with the official seal
of the Board : —

"To move to make the within an order of the High Court of
Justice.

"Dated this day of A.D. 19

"A. B.,

(Seal.) "Chairman of the Ontario Railway and

Municipal Board."

And the Secretary may forward such certified copy, so
endorsed, to the registrar, or other proper officer of such
court, who shall on receipt thereof, enter the same as of
record, and the same shall thereupon become and be an
order of such court.

(8)

324

Chap. 31.

RAILWAY AND MUNICIPAL BOARD. 6 EDW. VII

When order"
rescinded or
changed.

Board may
select method
of enforcing
order.

Contingent
orders.

Subject to
terms.

Limited as to
time.

(3) Where an order or decision of the Board under this
Act or the said Act or of the Railway Committee of the
Executive Council of Ontario has been made an order of
the High Court of Justice any order or decision of the
Board rescinding or changing the same shall be deemed to
cancel the said order, or decree of such court, and may,
in like manner, be made an order of court.

(4) It shall be optional with the Board to adopt the
method provided by this section for enforcing its orders or
decisions, or to enforce them by its own action.

35. The Board may provide in any order that the same,
or any specified portion or terms, thereof, shall come into
force, at a future fixed time, or upon the happening of any
specified contingency, event or condition precedent, or
upon the performance to the satisfaction of the Board, or
person named by it, of any terms which the Board may
impose upon any party interested, and it may provide
that the whole, or any portion of such order, shall have
force for a limited time, or until the happening of any
specified event. The Board may, instead of making an
order final in the first instance, make an interim order,
and reserve further order and direction to be made, either
at an adjourned hearing of the matter, or upon further
application.

36. Upon any application made to the Board under
this Act or the said Act, the Board may make an order
granting the whole, or part only, of such application, or
may grant such further, or other relief, in addition to, or
substitution for, that applied for, as to the Board may
seem just and proper, as fully in all respects as if such
application had been for such partial, other, or further
relief.

37. Whenever the special circumstances of any case
seem to so require, the Board may make an interim ex
parte order authorizing, requiring or forbidding anything
to be done which the Board would be empowered on appli-
cation, notice and hearing to authorize, require or forbid.
No such interim order shall, however, be made for any
longer time than the Board may deem necessary to enable
the matter to be heard and determined.

Ime specified When any work, act, matter or thing is by any

in order. regulation, order or decision of the Board required to be
done, performed or completed within a specified time, the
Board may, if the circumstances of the case seem to so
require, upon notice and hearing, or in its discretion upon
ex parte application, extend the time so specified.

39. The Board may make general rules governing, so
far as shall not be inconsistent with the express provi-
prractice'e and sions of this Act or the said Act, its practice and proced-
ure

Interim
orders .

May grant
partial or
other relief
than that
applied for.

Interim rx
parte orders.

Proriso.

May make
rules govern-
ing its

1906.

KAIL WAY AND MUNICIPAL BOAKD.

Chap. 31

325

ure under this Act and the said Act and generally forjuaf^Jny
carrying this Act and the said Act into effect. Such llotieed.
rules may be published in the Ontario Gazette, and shall
thereupon be judicially noticed, and shall have effect as
if they were enacted in this Act.. The Board may, upon Amendments
terms or otherwise, make or allow any amendments in any
proceedings before it.

40. No order of the Board need show upon its face pf?su?1Pt'i?.n

,, • . , , F oj jurisdiction

that any proceeding or notice was had or given, or any re> make order
circumstance existed, necessary to give it jurisdiction to
make such order.

41. — (1) In determining any question of fact, the Board othlr^olirtsoii
shall not be concluded by the finding or judgment of any gjjfj.8^ s of ,™
other court, in any suit, prosecution or proceeding, in- binding upon;;
volving the determination of such fact, but such finding board-

or judgment shall, in proceedings before the Board, be
prima facie evidence only.

(2) The pendency of any suit, prosecution or proceeding, Jurisdiction
in any other court, involving questions of fact, shall not affected by
deprive the Board of jurisdiction to hear and determine collateral smts
the same questions of fact.

(3) The finding or determination of the Board upon any Finding of
question of fact within its jurisdiction shall be binding and questions of ^
conclusive on all courts. Ilfyg S01101""-

42. — (1) The Board may, of its own motion or upon the May state case";

...j. P • i , •, ' i ■ for opinion of i

application of any party, and upon such security bei hp; court of
given as it directs, state a case, in writing, for the opinion ontariof°r
of the Court of Appeal for Ontario upon any question
which in the opinion of the Board is a question of law..
A like reference may also be made at the request of the
Lieutenant-Governor in Council.

(2) The Court of Appeal shall hear and determine the^ctou^
question or questions of law arising thereon, and remit
the matter to the Board with the opinion of the court
thereon.

APPEALS .

43. — (1) Subject to the provisions of this section, every order of
decision or order of the Board shall be final. Board final.

(2) An appeal shall lie from the Board to the Court of ^pp^0
Appeal for Ontario upon a question of jurisdiction or Appeal on
upon any question of law, but such appeal shall not lie jurisdiction!
unless leave to appeal is given by the said court
upon application and hearing the parties and the Board;
the costs of such application shall be in the discretion of
the judge.

(3)

326 Chap. 31. RAILWAY AND MUNICIPAL BOARD. 6 EDtV. VII

Security for
costs.

Notice of
appeal .

(3) Upon such leave being obtained the party so appealing
shall pay into court the sum of two hundred and fifty dol-
lars, by way of security for costs, and thereupon the Re-
gistrar of the Court of Appeal shall set the appeal down
for hearing on the first day of the next session; and the
party appealing shall within ten days after the deposit,
give to the parties affected by the appeal, or their respec-
tive solicitors by whom such parties were represented
before the Board, and to the Secretary, notice in writing
that the case has been so set down to be heard in appeal
as aforesaid ; and the said appeal shall be heard by such
court as speedily as practicable.

opinion of ^4) On the hearing of any such appeal the Court of Ap-
peal may draw all such inferences as are not inconsistent
with the facts expressly found by the Board, and are neces-
sary for determining the question of jurisdiction, or law,
as the case may be, and shall certify its opinion to the
Board, and the Board shall make an order in accordance
with such opinion.

hearrdonyaybe (5) The Board shall be entitled to be heard, by counsel
counsel. or otherwise, upon the argument of any such appeal.

a8Utfcosts,0eUtc. (6) Tlie Court of Appeal shall have power to fix the costs
and fees to be taxed, allowed and paid upon such appeals,
and to make rules of practice respecting appeals under
this section, and until such rules are made the rules and
practice applicable to appeals from the High Court of
Justice to the Court of Appeal shall be applicable to an
appeal under this Act.

Appeals to
Privy Council
in certain
cases.

Members of
Board not
liable for
.costs.

(7) When the matter in controversy before the Board
exceeds the sum or value of $4,000 as well as where the
matter in question relates to .the duration of a privilege to
operate a railway along a highway, or to the constmction
of an agreement between a railway company and a muni-
cipal corporation, or to any demand affecting the rights of
the public or to any like demand of a general or public
nature affecting future rights, an appeal shall lie to His
Majesty in His Privy Council, and except as aforesaid no
appeal shall lie to His Majesty in His Privy Council.

(8) Neither the Board nor any member of the Board shall
in any case be liable to any costs by reason or in respect
of any appeal or application under this section.

Xiieutenant-
■Governor in
Council may
refer to Board
for report.

44. The Lieutenant-Governor in Council may at any
time refer to the Board for a report, or other action, any
question, matter or thing arising, or required to be done,
under this Act or the said Act, -or the Special Act, and
the Board shall without unnecessary delay comply there-
with.

45-

1906.

RAILWAY AND MUNICIPAL BOARD.

Chap. 31

327

45. — (1) The costs of and incidental to any proceeding Costs-
before the Board shall be in the discretion of the Board,
and may be fixed in any case at a sum certain, or may be
taxed. The Board may order by whom and to whom the
same are to be paid, and by whom the same are to be taxed
and allowed.

(2) The Board may prescribe a scale under which such Scaleof costs-
costs shall be taxed. *

46. When the Board, in the exercise of any power works ordered
vested in it by this Act or the said Act or the Special Act, by Board.

in and by any order directs any structure, appliances,
equipment, works, renewals, or repairs to be provided,
constructed, reconstructed, altered, installed, operated,
used or maintained, it may order by what company, muni-
cipality or person, interested or affected by such order, as
the case may be, and when or within what time, and upon
what terms and conditions as to the payment of compen-
sation or otherwise, and under what supervision, the same
shall be provided, constructed, reconstructed, altered,
installed, operated, used or maintained; and the Board
may order by whom, in what proportion, and when, the order by
cost and expenses of providing, constructing, reconstruct- ^structed
ing altering, installing and executing such structures, and paid-
equipment, works, renewals, or repairs, or the supervision
(if any), or the continued operation, use or maintenance
of the same, or of otherwise complying with such order,
shall be paid.

47. — (1) Whenever the Board shall have reasonable ?rs°t^f^sy
ground for belief that the company, or any person or cor- Attorney-
poration is violating or has violated any of the provisions General-

of this Act or the said Act, in respect of which violation a
penalty may be imposed under this Act or the said Act, the
Board may request the Attorney-General of Ontario to
institute and prosecute proceedings on behalf of His
Majesty the King against such company or person for the
recovery of the penalty provided under this Act or the said
Act, for such violation.

(2) All the provisions of the said Act as to penalties and ^^'vn.,0*

c. 30 as to
penalties.

the imposition and recovery thereof shall apply to penal- «■ so
ties imposed under the authority of this Act.

(3) No prosecution shall hereafter be had or penalty ^^^{1"
enforced against ther company or any municipal corporation over 8100
for any penalty under this Act or the said Act or the Special

Act, without the leave of the Board being first obtained.

(4) Where any penalty has been imposed upon the com- "^charge on
pany under this Act or the said Act such penalty shall be railway,
the first lien or charge upon the railway, property, assets,

rents and revenues of the company.

48.

328

Chap. 31. RAILWAY AND MUNICIPAL BOARD. 6 EDW. YII

order may -B°aT& maJ appoint or direct any person to make

' inquiries. an inquiry "and report upon any application, complaint or
dispute pending before such Board, or any matter or thing
over which the Board has jurisdiction under this Act or
the said Act or the Special Act, and may order and direct
by whom and in what proportion the costs and expenses
incurred in making such inquiry and report shall be paid,
and may fix the amount of such costs and expenses. •

respecting 4-9. — (1) The Board, inspecting engineer, or person ap-
inquiries. pointed under this Act or the said Act to make any inquiry
or report may : —

Entry. (a) enter upon and inspect any place, building, or works,

being the property or under the control of any company,
the entry or inspection of which appears to it or him re-
quisite ;

inspection. (6) inspect any works, structure, rolling stock or pro-
perty of the company;

Attendance of (c) require the attendance of all such persons as it or he

witnesses ^ik^

replies. thinks fit to call before it or him, and examine, and re-

quire answers or returns to such inquiries as it or he thinks
fit to make ;

documents01 ^ reclurre the production of all books, papers, plans,
etc. ' specifications, drawings and documents, relating to the
the matter before it or him;

Oaths.

Summoning
witnesses and
enforcing
attendance.

(e) administer oaths, affirmations or declarations;

(2) And shall have the like power in summoning wit-
nesses and enforcing their attendance, and compelling
them to give evidence and produce books, papers or things
which they are required to produce, as is vested in any
court in civil cases.

witness fees. 50. — (1) Every person summoned to attend before the
Board or before any inspecting engineer, or person ap-
pointed under this Act or the said Act to make inquiry and
report, shall, in the discretion of the Board, receive the like
fees and allowances for so doing as if summoned to attend
before the High Court of Justice.

documents. (2) In any proceeding before the Board and in any action
or proceeding under this Act or the said Act, every written
or printed document purporting to have been issued or auth-
orized by the company, or any officer, agent, or employee of
the company, or any other person or company for or on its
behalf, shall, as against the company, be received as prima
facie evidence of the issue of such document by the com-
pany, and of the contents thereof, without any further proof
than the mere production of such document.

ADDITIONAL

1906.

KAIL WAY AND MUNICIPAL BOARD.

Chap. 31

329

ADDITIONAL POWERS OF THE BOARD.

51. — (1) The appeal provided for by _ section 76 of The app™"
Assessment Act shall be to the Board instead of to the
Board of Couuty Judges a.s thereiu provided.

(2) The Board shall have power upon such appeal to whkh°may be
decide not only as to the amount at which the property in appeal °"
question shall be assessed, but also all questions as to
whether any persons or things are liable to assessment or
exempt from assessment under the provisions of The Assess- \

merit Act.

(3) An appeal shall lie from the decision of the Board ffi from
under this section to the Court of Appeal upon all questions

of law, but such appeal shall not lie unless leave to appeal
is given by the said court upon application of any party
and upon hearing the parties and the Board.

(4) The practice and procedure on any such appeal shall appeals!16 °n
be the same mutatis mutandis subject to any rule of court

or regulation of the Board as upon an appeal from a County
Court to the High Court.

52. — (1) Instead of the appeal provided for by sub-sec- unorganized
tion 1 of section 48 (a) of The Act respecting the establish- distnnts-
merit of Municipal Institutions in Territorial Districts being

to a judge of the High Court in Chambers m Toronto, it
shall be to the Board.

(2) One member may act as and for the Board inmayhearber
the hearing and determining of the appeal mentioned in appeal,
this section.

53. The Board shall have all the powers conferred Municipal
by The Consolidated Municipal Act, 1903, and amending pnwers"
Acts, upon the Lieutenant-Governor in Council regarding, —

(a) The addition to or taking from any municipality
any territory ;

(b) The annexation of any territory to any city or town; *

(d) The approval or confirmation of by-laws relating to
finance, debentures, sinking funds or the creation of debts,
in cases where the approval or confirmation of the Lieu-
tenant-Governor in Council is required by The Consolidated
Municipal Act, 1903, or any other Statute of this Province.

(e) The approval or confirmation of by-laws relating to
public highways, roads, streets, or bridges, to street or
electric railways or to gas or waterworks or to any other
industry or concern commonly known as a public utility,
in cases where the approval or confirmation of the Lieu-
tenant-Governor in Council is required by The Consolidated
Municipal Act, 1903, or any other Statute of this Province.

330

Chap. 31. RAILWAY AND MUNICIPAL BOARD. 6 Ed\V. VII

Telegraph and 54. — (1) The Board may also require any telegraph, tele-
wirePsh&ce. phone, electric light, power or heat company or any person
operating any telegraph, telephone, electric light, power or
heat system to adopt such means and appliances, and to take
and use such precautions, as the Board may deem neces-
sary or expedient for the safety of life and property.

orBoa'rd"01' Board shall, in respect of the matters provided

for by the last preceding subsection, have the like juris-
diction, powers and authorities as are vested in it with
respect to railways and railwav companies under "The
Ontario Railway Act, 1906," and under this Act, and the
powers conferred by this section may be exercised as to a
part of a highway, and as to some only of the lines of any
such company or person, or as to a part or parts thereof.

ENQUIRIES INTO FACTS FOR GOVERNMENT, ETC.

Board to 55. The Board shall in all cases when required so

rep'oTon^er- to do by the Lieutenant-Governor in Council, the Legisla-
tain matters at £ure or 'by any Committee thereof, make, or cause to be

request of j -± ■ • • • ± <■ .

Government or made under its supervision, an enquiry into any facts
Legislature, ^e Lieutenant-Governor in Council, Legislature or

any such Committee may desire to ascertain before pass-
ing upon the propriety of any proposed change in the gen-
eral railway law, or upon any proposed private or special
Bill or Act relating in any way to a municipal corpora-
tion or to a railway or street railway company or to any
corporation or person operating or proposing to operate
what is commonly called a public utility, and upon the
conclusion of such enquiry the Board shall report to the
Legislature or to such Committee its opinion upon such
proposed change in the law, or upon such Bill or Act.

ANNUAL REPORT OF BOARD.

Annual report. 56. The Board shall make an annual report on or be-
fore the 31st day of January in each year to the Lieu-
tenant-Governor in Council which shall contain —

1. A record of its meetings and an abstract of its pro-
ceedings during the preceding calendar year.

2. The result of any examination or investigation con-
ducted by it.

3. Such statements, facts and explanations as will dis-
close the actual workings of the system of railway trans-
portation in its bearing upon the business and prosperity
of the Province, and such suggestions as to the general
railway policy of the Province, of the amendment of its
laws, or the condition, affairs or conduct of any railway
or street railwav, as may seem to it advisable.

1906.

KAIL WAY AND MUNICIPAL BOARD.

Chap. 31

4. Such tables and abstracts of all the reports of all the
railway and street railway companies as it may deem exped-
ient.

5. A statement in detail of the travelling expenses and
disbursements of the Board, its Secretary and officers.

57. The Board shall superintend the system of bookkeep- May require
ing and keeping accounts of the assets, liabilities, revenue f^erfrom'
and expenditure of all public utilities that are operated public utilities
under the control of a municipal corporation or of a com- municipalities,
mission appointed by a municipal corporation, and may re-
quire from any such municipal corporation or commission
such returns and statements as to the Board may seem proper
and may extract from such books, returns and statements
such information as in the opinion of the Board may be
useful for publication, and may embody such portions of
such returns and statements in the annual report of the
Board as to it may seem proper.

ARBITRATION BY THE BOARD IN CASES OF LABOUR DISPUTES .

58. — (1) A grievance or dispute between a railway or May arbitrate
street railway company and its employees may be submitted labor difficui-
to the Board for its determination and settlement. The
submission shall be in writing, and may contain a state-
ment in detail of the grievance or dispute and the cause
thereof, and also an agreement to abide by the determina-
tion of the Board, and to continue in business or at work,
without a lockout or strike during the investigation.

(2) Upon such submission the Board shall investigate and D£*y °Ub£,u?
determine the matters in controversy, and shall render its sion.
decision within ten days after the completion of the inves-
tigation.

(3) The proceedings shall, as nearly as may be, be the Procedure in
same as in the case of any other enquiry which the Board such cases'
is authorized to make, but the Board may regulate the pro-
ceedings, and the manner of conducting them, as to the

Board may seem meet.

MEDIATION IN CASE OF STRIKE OR LOCKOUT.

59. — (1) Whenever a strike or lockout of the employees of to endeavour
anj railway or street railway company or public utility ^seol'strlkes.
occurs, or is seriously threatened, the Board shall proceed
as soon as practicable to the locality thereof, and endeavour
by mediation to effect an amicable settlement of the con-
troversy.

(2) Wherever there shall exist in any railway or street May enquire
railway or public utility a strike or lock-out or any strike strikes and°f
or lock-out by reason of which in the opinion of the Board ^fltuVmeut

the

332

Chap. 31.

RAILWAY AND MUNICIPAL BOARD. 6 EDW. VII

the general public shall appear likely to suffer, injury or
inconvenience with respect to food, fuel or light or power
or the means of communication or transportation, or in any
other respect, and the parties to such strike or lock-out will
not Consent to submit the matter or matters in controversy
to the Board, the Board, after first having made due effort
to effect a settlement thereof .by conciliatory means and
such effort having failed, may proceed on its own motion
to make an investigation of all facts bearing upon such
strike or lock-out, and shall make public its findings, with
such recommendations to the parties involved, as, in its
judgment, will contribute to a fair and equitable settlement
of the differences which constitute the cause of the strike or
lock-out and in the prosecution of such enquiry the Board
shall have all the powers conferred upon it by any other
section or sections of this Act.

FEES TO BE CHARGED AND COLLECTED BY THE BOARD.

Fees for copies, 60. The Board may charge and collect such fees, as to it
etc. ca es' rnay seem proper, for all copies of documents, maps or plans,
and all certificates as to the same. All fees charged and
collected by the Board shall be paid quarterly, accompanied
with a detailed statement thereof, to the Treasurer of the
Province.

Fees on orders
of Board
to be paid in
stamps.

Expenses of
Board to be
paid by
Province.

61. There shall be paid in law stamps upon every
order made by the Board such sum as may be directed by
the Board, regard being had to the time occupied by the
Board and its officers and the expense occasioned to the
Province in the matter, and such law stamps shall be pro-
vided in the first instance by the applicant for such order,
and such sum shall be a debt due by the applicant to His
Majesty, and a summary order may be made for payment
thereof by the Board, which order may be made an order of
the High Court of Justice.

62. The annual expense of the Board, including the
salaries of the members thereof, and of its officers and
employees, and the incidental expenses of the Board shall
be paid out of the Consolidated Revenue Fund of the Pro-
vince of Ontario from such sums as may be granted from
time to time by the Legislature.

ENFORCEMENT OF MUNICIPAL AGREEMENTS.

To try all cases 63. — (1) Where it is alleged by a municipal corpora-
agreement01 tion having jurisdiction over, or owning, or maintaining a
highway, along which a railway is operated, in whole or in
part, under an agreement between such municipality and
the company operating the railway, that the company has
violated or committed a breach of such agreement, or where
it is alleged by such company, that such municipality has

violated

1906.

RAILWAY AND MUNICIPAL BOARD. Cllap. 31

333

violated or committed a breach of such, agreement, the
Board shall hear all matters relating to such alleged viola-
tion or breach of agreement, and shall make such order
as to the same as to it may seem, having regard to all the
circumstances of the case, reasonable and expedient, and
in such order may in its discretion direct the company or
the municipality to do such things as are necessary for
the proper fulfilment of such agreement, or to refrain from
doing such acts as constitute a violation or a breach thereof.

(2) The Board may take such steps and employ May enter
such persons as may be necessary for the proper property . s
enforcement of such order, and in pursuance thereof

may forcibly or otherwise enter upon, seize and
take possession of the whole or part of the railway,
and the real and personal property of such company
together with its books and offices and may, until such
order has been enforced, assume and take over all or any
of the powers, duties, rights and functions of the directors
and officers of such company and supervise and direct the
management of such company and its railway in all
respects, including the employment and dismissal of offi-
cers and servants of the company for such time as the
Board shall continue to direct such management.

(3) Upon the Board so taking possession of such railway Company.a
and property, it shall be the duty of every officer and servants' to
employee of the company to obey the orders of the Board obey Boarrt-
or of such person or persons as it may place in authority

in the management of any or all departments of such rail-
way.

(4) The Board shall, upon so taking possession of such May pay out
railway and property, have power to demand, receive and j^ey06^6
pay out all moneys due to or owing by such company, and

may give checks, acquittances and receipts for moneys
to the same extent and in as full and ample a manner
as the proper officers of such company could do if no such
order had been made.

(5) Checks, acquittances or receipts so given by the May. give _
Board shall be a defence to any action that may afterwards

be brought by such company against the person or corpor-
ation paying over the money for which such checks, acquit-
tances or receipts were given.

(6) The Board and the members thereof, and its officers Board not
and employees shall not be liable to any action for acts done ^mage^
by them or any of them under the authority of this sec-
tion.

(7) The costs and expenses of and incidental to Pr°-Costs
ceedings to be taken by the Board under this section shall

be in the discretion of the Board, and the Board shall have
power to direct by whom and to what extent the same shall
be paid.

(8)

334

Chap. 31. RAILWAY AND MUNICIPAL BOARD. 6 EDW. VII

certificate as to (8) The certificate of the Board as to the amount of
beSfinai?" t0 such costs and expenses shall be final.

agreements. ^4. Except when otherwise expressly provided, notwith-
standing anything in this Act, or the said Act, or in any
agreement contained, in any proceeding under this Act,
the Board shall have power to construe and determine the
proper meaning of, but not to alter or vary any agreement
between a municipal corporation and a company, or be-
tween two or more companies, and the decision of the
Board on any question of fact shall be final.

Pending suits. (55 This Act shall not affect any action or other proceed-
ing pending at the time of the coming into force of this Act.

commence- 66. This Act shall come into force on the first day of
June, 1906.

CHAPTER

1906 agree't with Canadian improvement to. Chap. 32

335

CHAPTER 32.

An Act to confirm an Agreement entered into
between His Majesty the King and The Cana-
dian Improvement Company and others.

Assented to 14th May, 1906.

HIS MAJESTY, by and with, the advice and consent
of the Legislative Assembly of the Province of On-
tario, enacts as follows: —

1. A certain agreement, bearing date the 30th day of^reemenUor
April, 1906, and made between His Majesty, the King, of guarantee
therein represented by the Honourable Arthur James
Matheson, Provincial Treasurer, of the first part ; Morton

Trust Company, of the second part; The Canadian Im-
provement Company, of the third part ; and the Lake
Superior Corporation, of the fourth part, and designated
as "The Renewal Guaranty Agreement," is hereby con-
firmed and declared to be valid and binding on the parties
thereto, and the said parties thereto are empowered to do
all acts necessary to give effect to the same or to carry out
the true intent and meaning of the provisions thereof.

2. The Government may from time to time further renew Future
its guarantee of the sum of One Million Dollars ($1,000,000) Shorted,
the renewal of which is provided for by said agreement, or

any part thereof, or may guarantee the principal and in-
terest of a new loan not exceeding $1,000,000 in substi-
tution of or to take the place of the existing loan under
the said agreement, and may on payment of anv portion
of said sum so from time to time guaranteed release any
part of the securities mentioned in said agreement, any
such guarantee or release to be subject to the approval of
the Lieutenant-Governor in Council, and any such guaran-
tee or release shall be signed by the Provincial Treasurer
or such officer as may be designated by the Lieutenant-
Governor in Council in that behalf.

3. The provisions of section 8 of 4 Edward VII., chap- Application of
ter 19, shall apply to the guarantee entered into under the 19, s.luofut'un
said agreement of the 30th April, 1906, and to any agree- renewals.,
ment under section 2 hereof.

CHAPTER

33<>

Chap. 33 TRUSTEES OF BURYING GROUNDS. 6 EDW. YII

CHAPTER 33.

An Act respecting Trustees of certain Burying

Grounds.

Assented to 14th May, 1906.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1. Where lands have been heretofore set apart or sold for
burial purposes and no provision has been made in the deed
or other instrument setting apart such lands or in the con-
veyance thereof, or otherwise, for the appointment of trus-
tees of such lands, the owners of plots in such burying
ground may elect trustees in the manner hereinafter pro-
vided.

plots6 may can ^' '^''iree or more °f such owners may call a meeting for
meeting. the purpose of electing such trustees, by notice to be pub-
lished once a week for two weeks in a newspaper published
in the local municipality in which the lands are situate,
if any newspaper is so published. If no newspaper is pub-
lished in the local municipality, then notice shall be pub-
lished in the newspaper nearest the local municipality. Thp
date of such meeting shall be not less than two weeks froit
the date of the last publication of such notice. The notice
calling such meeting may be in the form or to the effect
following :

Take notice that a meeting will be held at the town hall
(or some other place in t!ie local municipality in which the, lands
are situate) in the Village of in the County

of on the day of

at the hour of o'clock of the noon,

for the purpose of electing trustees for the burial ground known
as (here insert local name or designation of burial ground). You
are a plot owner in the said burying ground and are requested
to attend the said meeting.

Dated at the day

of A.D. 190 .

A. B., C. D., E. F.,

Plot Owners.

Election of
trustees -
when no
other pro-
vision made.

1.906.

TRUSTEES OF BURYING GROUNDS.

Chap. 33

:J37

3. At the time and place named in the notice the plot chairman and
owners present shall elect from among themselves some per- meeting7 of
son to act as chairman, and shall also elect some person to ,
act as secretary for the said meeting.

4. After the election of the chairman and secretary, as Three
aforesaid, the members present shall elect from among Selected,
the plot owners of the said burial ground three persons to be
trustees of such burial ground.

5. After the election of such trustees the chairman and certificate
secretary shall certify in writing as to such election in the of electlon-
form or to the effect following :

We hereby certify that at a meeting of the plot owners in the

burial ground, in
the of , held at

on the day of , the

following persons were elected trustees of the said burial ground :
A. B., ' of

C. D. of
E. F., of
^insert places of residence and occupation of each trustee).

Witness: (Signed)

Chairman of the meeting

(Signed)

Secretary of the meeting.

6. The certificate of the election of the trustees shall be Registration
in triplicate, and one of such certificates, with an affidavit ^certificate,
of execution thereof in the form prescribed by The Registry
Act shall be registered in the Registry Office of the Regis-
try division in which such burying ground is situate, and
one of such certificates shall be filed with the clerk of the
local municipality in which the burying ground is situate,
and one of such certificates shall be delivered to the trus-
tees.

7. Upon the registration of such certificate the said bury- Effect of
ing ground shall be vested in the trustees so appointed, sub- Burying10
ject to the provisions of the deed or other instrument setting fg°"?f to
apart such burying ground or conveying the same or any trustees,
plot therein for burial purposes, and subject to the rights
of any persons who may have theretofore purchased plots
in such burying ground, and subject to the provisions of
any general law of the Province applicable thereto, and
the trustees elected under this Act shall have all the powers
and perform all the duties with respect to such burying
ground provided for by The Act respecting Conveyances to
Trustees of Burying Grounds, and all the provisions of the Rev. stat.
said Act shall apply to trustees elected under this Act in c' 211
the same manner and to the same extent as to trustees
appointed under conveyances of lands for burying ground
purposes therein.

22 s. 8.

338

Chap. 33

TRUSTEES OF BURYING GROUNDS. 6 EDW. VII

amongCies In case OI the death, resignation or removal from the

trustees. Province of any such trustee his successor shall be elected
and his election shall be certified and registered in the man-
ner hereinbefore provided in the case of a first election of
trustees under this Act.

22a s.

CHAPTER

1906

MUNICIPAL AMENDMENT ACT.

Chap. -'54

339

CHAPTER 34.

The Municipal Amendment Act, 1906.

Assented to 14th May, 1906.

HIS MAJESTY, by and with, the advice and consent of
the Legislative Assembly of the Province of Ontario
enacts as follows: —

1. Section 24 of The Consolidated Municipal Act, 1903, iMm^vn^
as enacted by section 1 of The Municipal Amendment Act, repealed. '
1905, is hereby repealed and the following substituted
therefor : —

24. — (1) In case the council of anv city or town by re- Adding

■ territory to

solution declare that it is expedient that any portion of an city or town,
adjacent township should be annexed to the city or town,
and in case the majority of the ratepayers in any such por-
tion of such township petition the Lieutenant-Governor in
Council to add such portion to such city or town, the Lieu-
tenant-Governor may, by proclamation to take effect upon
some day to be named therein, annex to the city or town
such portion of the adjacent township upon such terms and
conditions as to taxation, assessment, improvements or
otherwise as may have been agreed upon, or shall be deter-
mined by the Lieutenant-Governor in Council.

(2) The terms and conditions contained in such proclama- Shaveforeeof
tion of the Lieutenant-Governor in Council and the pro- law. L
clamation shall have the same force and effect and be as

binding as if such terms and conditions were embodied in
an Act of the Legislature.

(3) The proclamation may, before it takes effect, be Amendment of
amended in any respect by a further proclamation and may proclamatlon-
at any time when the council of such city or town and any

other parties interested agree that the said proclamation
does not correctly set forth the terms and conditions as to

taxatii ii

340

Chap. 34.

MUNICIPAL AMENDMENT ACT.

6 Emv. VII

3 Ed. VII., c.
19. amended.

taxation, assessment, improvements or otherwise agreea
upon, be amended to carry out such agreements.

2. The Consolidated Municipal Act, 1903, is amended
by inserting therein the following sections : —

Resolutions
and petitions
for separation
of junior
county from
union.

39a. — (1) In case the municipal council of at least one-
half in number of the several municipalities constituting
the junior county of a union of counties shall severally
pass and transmit to the Lieutenant-Governor in Council
before the first day of November in any year a resolution
affirming the expediency of such junior county being separ-
ated from the union, together with a petition or petitions
signed by the reeve and clerk of each of the municipalities
in which such resolution has been passed, praying for such
separation, the Lieutenant-Governor in Council may ap-
point some person resident in such junior county to act
as returning- officer and the question of such separation
shall be submitted to the municipal electors of such junior
county as hereinafter provided on the first Monday in the
month of January next following, and such electors shall
vote upon the question, "Are you in favor of the separa-
tion of the County of from the United
Counties of ?" in the manner hereinafter
specified

who may vote ^ Persons qualified to vote upon such question in

on question, each municipality in such junior county shall be the persons
who according to the last revised voters' list of the munici-
pality are entitled to vote at municipal elections, but no
person shall vote more than once upon the said question.

proceedings (3) The Lieutenant-Governor in Council may prescribe the
bVordere?n-d procedure to be adopted in taking such vote, the forms to
Council. be used, and the manner in which the returns shall be
made by the said returning officer.

Oaths of
looters.

.Application of
: general
tprovisions.

(4) The oaths to be taken by voters upon the said ques-
tion shall with such variations as may be prescribed by the
Lieutenant-Governor in Council be in the form prescribed
for use at municipal elections.

(5) All the provisions of this Act respecting corrupt prac-
tices at municipal elections and voting on by-laws and all
regulations and penalties provided by this Act with respect
to the taking of the votes of electors on a by-law shall mut-
atis mutandis and except as otherwise directed by the Lieu-
tenant-Governor in Council and except as otherwise pro-
vided in this section, apply to the taking of the vote under
this section.

(6)

191 Hi

MUXR'irAl, AMEXDMEXT ACT.

Chap. 34

(6) The ballot papers to be used in the taking of the said F,,rm "'
vote shall be in the form following :

O O CZ3

o o o
OH Ph

Are you in favour of the
separation of the County
of from
the United Counties of

Yes.

No.

(7) Within one week after the taking of the vote upon the ^turning
said question the said returning officer shall make his return officer,
to the Lieutenant-Governor in Council, showing the total
number of votes cast in the affirmative and negative respect-
ively upon the said question, together with such other par-
ticulars as the Lieutenant-Governor in Council may direct.

(8) The expenses incurred in taking such vote shall be ^*tPei^.o£l
paid in the first instance by the treasurer of the union to borne,
the persons entitled thereto upon the certificate of the
returning officer, but the amount so paid shall be repayable

to the union and shall be raised by special rate upon the
property liable to taxation within the junior county.

396. — (1) In case it appears from the returns so made Proclamation
that a majority of the total number of persons provisional5
voting on the said question voted in the affirmative the counci1-
Lieutenant-Governor in Council may by proclamation set-
ting forth the facts constitute the members of the county
council representing therein the several municipalities
comprising such junior county a provisional council and
may appoint a time and place for the first meeting thereof.
The recital in such proclamation that it appears that a
majority of the total number of persons voting on
the said question voted in the affirmative shall be con-
clusive as to the result of the said vote.

(2) At the time and place so appointed the members of Election of
such provisional council shall meet and elect from among HretmceUng.
themselves one of their number to preside at the meeting.

(3) The provisional council shall at the same meeting or Designating
at any adjournment thereof by resolution designate the county town-
place and name of the county town, and shall cause a copy

of such resolution certified by the chairman of the meeting
to be forthwith transmitted to the Lieutenant-Governor in
Council who may thereupon by proclamation designate the
place so named or some other place in the said junior county
as the county town.

39c

342

Chap. 34.

MUNICIPAL AMENDMENT ACT. 6 Ed\V. YII

Who to
preside.

39c. The member appointed by said provisional coun-
cil as in the preceding section provided shall preside in the
provisional council until a provisional warden has been
elected by the council from among the members thereof.

Appointment
of Provisional
warden and
other officers.

S9d. Every provisional council shall from time to time
by by-law appoint a provisional warden, a provisional
treasurer, and such other provisional officers for the county
as the council deem necessary. The provisional warden
shall hold office for the municipal year for which he is
elected, and the treasurer and other officers so appointed
shall hold office until removed by the council.

Term of office.
Provisional
Council may
acquire land
and erect
thereon gaol
and Court
House.

Respective
powers of
provisional
council and
council of

39e. Every provisional council may acquire the necessary
property at the county town of the junior county on which
to erect a court house and gaol, and may erect a court house
and gaol thereon, adapted to the wants of the county and
in conformity with any statutory or other rules and regu-
lations respecting such buildings, and may pass by-laws for
such purposes.

39/. The powers of a provisional council shall not inter-
fere with the powers of the council of the union and any
money raised by the provisional council in the junior
county shall be independent of the money raised by the
council of the union.

ugonedissoiu ^9- After a provisional council has procured the neces-
tion as to joint Sary property and has erected thereon the proper buildings
joint'assets"'1 f°r a court house and gaol, such council and the council of
the senior or remaining counties may enter into an agree-
ment for the settlement of their joint liabilities and the
dispositions of their joint assets (other than real estate)
and for determining the balance or amount due by the one
county to the other and the times of- payment thereof,
and in determining ' the balance the senior or remaining
counties shall assume the debts of the union and the junior
county shall be charged with such part thereof as may be
just: and the value of the real estate which upon the sepa-
ration becomes the property of the senior or junior county
respectively and any improvement effected by the union
of which either county gets the exclusive benefit, shall
also be taken into account.

When provi-
sional council-
lors shall not
vote.

397? . No member of the provisional council shall vote or
take part in the council of the union on any question af-
fecting such agreement, or the negotiation therefor.

In case of dis-
agreement
disputes to he
settled by
arbitration.

39/. In case the councils within one month after the time
mentioned in section 39/7 are unable to determine by agree-
ment the several matters hereinbefore mentioned with
respect to their debts, assets and property, such matters

shall

190G

MUNICIPAL AMENDMENT ACT.

Chap. 34

343

shall be settled between them by arbitration under this Act

and the county found liable shall pay the other county the

balance or amount agreed or settled to be due by such ^urn found

county and such amount shall bear interest at five per cent. due-

per annum from the day on which the union was dissolved,

and shall be provided for like other debts, by the council

of the county liable therefor after separation.

39;'. After the sum, if any, to be paid by the junior Anointment
county to the senior or remaining counties has been paid othe/offlciaSs.
or ascertained by agreement or arbitration a judge may be
appointed as provided by The British North America Act,
1867, and the Lieutenant-Governor or Lieutenant-Governor
in Council as the case may be, may appoint a sheriff, one
or more coroners, a clerk of the peace, a clerk of the county
court, a registrar, and at least twelve justices of the peace
and may provide in the commission or commissions that the
appointments are to take effect on the day the counties
become separate.

39&. After such appointments are made the Lieutenant- Final aepar.i-
Governor in Council may, by proclamation separate the ^amation?
junior county from the senior or remaining counties and
shall declare such separation to take effect on a day to be
named in the said proclamation; and on that day the courts
and officers of the union ('including justices of the peace) Propert now
shall cease to have any jurisdiction in the junior county divided. '
and the real property of the corporation of the
union situate in the junior county shall become the
property of the corporation of the junior county
and the real property situate in the remaining county or
united counties shall be the property of the corporation of
the remaining county or united counties, and the other
assets belonging to the corporation of the union shall belong
to and be the property of the senior or junior county or
union of counties respectively as agreed upon at the separa-
tion, and if not otherwise disposed of by agreement or arbi-
tration they shall belong to and be the property of the
senior county or union of counties.

39/.— (1) When a junior county is separated from a officers and
union of counties, the head and members of the provisional continued61,0''
council of the junior county, and the officers, by-laws, con-
tracts, property, assets, and liabilities of the provisional
corporation shall be the head and members of ihe council
and the officers, by-laws, contracts, property, assets and
liabilities of the now corporation.

(2) The treasurer of the senior county shall upon being
requested so to do, deliver to the treasurer of the new
county the books relating to the municipalities within the

new

344

Chap. 34.

MUNICIPAL AMENDMENT ACT.

6 EDW. VII

new county required to be kept under section 133 of The
Assessment Act.

fervi?cJ.tofprond ^9???. — (*) Tlie dissolution of a union of counties shall
cess in hands of not prevent the sheriff of any senior county from proceed-

sheriff at time n i i • j i j." • -j.t_ •

of separation. mg upon and completing the execution or service witnm
the junior county of any writ or mesne or final process in
his hands at the time of such separation, or of any renewal
thereof, or of any subsequent or supplementary writ in the
same cause, or in the case of executions against lands, from
executing all necessary deeds and conveyances relating to
the same : and the acts of all such sheriffs in that behalf
shall be and be held and construed to be legal and valid
in the same manner and to the same extent as if no sepa-
ration had taken place, but no further.

Execution of (2) This section shall not be held to authorize the sheriff

writs.

of the senior county to execute within the new county any
writ which is not in his hands at the time when the disso-
lution takes effect, unless such writ depends for its priority
upon a former writ executed by such sheriff or in his hands
at the said time.

Pending
actions.

(3) All actions and proceedings in any court which are
pending at the date the establishment of the new county
takes effect, may be prosecuted, continued and completed
and all writs of execution and other process, and all acts and
proceedings subsequent thereto, may (subject to any order
to the contrary being made) be taken, issued and had in the
county in which such actions and proceedings were origin-
ally commenced, as fully and effectually as if the junior
county had not been separated from the senior county :
and (subject to the provisions of the next sub-section) no
writ or other process or proceeding shall lose its priority
by reason of no entry thereof appearing or being in the
proper office in that behalf in the new county ; and all
officers who would have had power or authority to execute
such writ, process or proceedings if the new county had
not been formed, shall for the purpose of all pending suits,
actions and proceedings have the same power and authority
in respect of the same as if the dissolution had not taken
place.

continuation (4) No unsatisfied writ against lands or goods in the hands
handfof sheriff of the sheriff of the union on the day when the dissolution
dlss^utioii. fakes effect shall bind lands or goods situate within the
limits of the new county or have any effect upon such lands
or goods, after one year from the said day, unless the per-
son entitled to the benefit of such unsatisfied writ before
the expiration of the said year, and before the expiry of
the writ in the hands of the sheriff of the union as afore-
said, has placed a writ against lands or goods (as the case
may require) in the hands of the sheriff of the new county

indorsed

190G

MUNICIPAL AMENDMENT ACT.

Chap. 34

indorsed with a notice that priority is claimed by virtue
of this Act, in which case so long as such last mentioned
writ is in force he shall retain any priority which he then
had by virtue of the writ in the hands of the sheriff of the
union on the day of the dissolution thereof; and he shall,
if so required by the sheriff of the new county, deliver to
him a certificate under the hand of the sheriff of the union,
showing the date of the delivery to him of such writ ; which
certificate the said sheriff of the union shall give upon
request and on payment of his proper fees therefor.

(5) The Lieutenant-Governor may, in the proclamation Division
establishing the new county, or in a subsequent proclama-
tion to take effect from a day to be named, fix and deter-
mine the number, limits and extent of the Division Courts
for the new county, subject to be thereafter altered under
the provisions of The Division Courts Act, and amending
Acts, and may by such proclamation direct that suits and
proceedings which at the said day are pending or being in
any Division Court therein specified, shall become suits, or
proceedings of any other Division Court therein specified
and thereupon such suits or proceedings may be continued
in such last mentioned court as if they had been com-
menced therein.

39n. — (1) If, upon a dissolution of a union of counties Change of place
there is pending an action, or other civil proceedings in actSnletc,
which the county town of the union has been named as the ft^r sePara-

• -I'll • t tion.

place of trial, the court m which the action or proceeding
is pending, or any judge who has authority to make such
orders therein, may, by consent of parties, or on hearing
the parties upon affidavit, orojer the place of trial to be
changed, and all records and papers in the action or pro-
ceeding to be transmitted to the proper officers of the new
county.

(2) In case no such change is directed all such actions If no order
and proceedings shall be carried on and tried in the senior proeeemngsuo

COUnty be carried on.

39o. All courts of the junior county required to be held ?}*cce0[I0rrtslli0rJd"
at a place certain, shall be held in the county town of the iunior county,
junior county.

3. Subsection 1 of section 80 of The Consolidated Muni- ^Edw. vn. c.
cipal Act, 1903, is amended by striking out the words "and amended,
no member of a school board for which rates are levied"
in the eighth and ninth lines and by adding after subsection
1 of the said section the following: —

(a) No member of a public or separate school board or Members of

' - . , - . . -n school boards

board of education of any citv, town or village disqualified
shall be qualified to be a member of the council ^cfitttas in
of such city, town or village.

346

Chap. 34.

MUNICIPAL AMENDMENT ACT. 6 Ed\V. YII

c ?9 amended ^' Consolidated Municipal Act, 1903, is amended

by inserting the following as section 956 thereof: —
Two years term 956. The council of any local municipality by by-law
may°beCadopt- submitted to the electors in accordance with the provi-
ed- sions of section 338 and following sections of this

Act, and assented to by a majority of the electors voting
thereon, may extend the term of office of all members of
the council to be thereafter elected to the term of two years,
such persons to hold office until their successors are elected
or appointed or sworn into office and the new council is or-
ganized, and may with like assent repeal any such by-law.

5. The paragraph numbered (e) in section 106 of The Con-
solidated Municipal Act, 1903, as enacted by section 3 of
The Municipal Amendment Act, 1905, is amended by strik-
ing out the words "in cities having a population of over
100,000 inhabitants."

t>. Section 112 of The Consolidated Municipal Act, 1903,
is amended by adding after the third paragraph of the form
of oath, the following paragraph : "That you are not a
citizen or subject of any foreign country."

7. Section 113 of the said Act is amended by adding after
the fifth paragraph of the form of oath, the following para-
graph : "That you are not a citizen or subject of any for-
eign country."

c.^9;"sVii'4 8. Section 114 of the said Act is amended by adding after
amended. the fourth paragraph of the form of oath, the foil owing1

Oath of income i urrri i ■ n • , »

voterat paragraph : Inat you are not a citizen or subject of any

elections. foreign country."

cVisuT. iE " 9. Section 115 of the said Act is amended by inserting

amended. after the fifth paragraph of the form of oath, "the follow-

farmers'son ing paragraph: "That you are not a citizen or subject c

at elections. any foreign country.''

3 Edw. VII.
19, S. 106,
amended.

3 Edw. VII.,
c. 19, s. 112
amended.
Oath of
freeholder at
elections.

3 Edw. VII.,
O. 19, St 113
amended.
Oath of tenant
voting at
elections.

3 Edw. VII.,
C. 19, s. 311
subs. 1 and 2
amended.
Declaration of
qualification.

3 Edw. VII.,
c. 19, s. 311
amended.

Declaration of
qualification.

3 Edw. VII.,
C. 19, ss. 3ofi,
357, 358,
amended.
Oaths of
voters on
by-laws.

10. — (1) Subsections 1 and 2 of section 311 of the said
Art are amended by adding after the word "declare" in
the first line of the form of declaration, the words "that I
am not a citizen or a subject of any foreign country."

(2) Subsection 1 of the said section 311 is further
amended by adding at the end of the form nf declaration
the following words : "and that such estate is assessed in
my name (or in the namo of my wife) on the last revised
assessment rod of this municipality {naming it) to the value
of (specif ying the value). "

11. Sections 350, 357 and 358 of the said Act are amended
by inserting after the first paragraph of the form of oath

the

1906

MUNICIPAL AMENDMENT ACT.

Chap. 34

347

the following paragraph : That you are not a citizen or 3 Edw. vn.

, . , „ ° % . r ,, c. 19, amended.

subject oi any foreign country.

12. The Consolidated Municipal Act, 1903, is amended by
adding thereto the following section: —

173a. No person shall, in any city having 100,000 of a K*$nivery
population or over, on the day of the polling use or deliver cards, etc.
to any other person any card, ticket, leaflet, book, circular
or other device soliciting votes for or against any candidate v
or candidates, or for or against any question or by-law, or
having upon it the name of any such, candidate, question or
by-law ; and any person violating the provisions of this sec-
tion shall be liable to a penalty not exceeding $20, or in
default of payment, imprisonment for a term not exceeding
ten days, -on conviction before any Justice of the Peace.

13. Section 266 of The Consolidated Municipal Act, »Edw. vn.,
1903, is repealed and the following substituted therefor: — repealed.

266. The council of any county may hold its sittings, ^j}^0"^
keep its public offices and transact all the business of the township
council and of its officers and servants within any city, ottK'es-
town or village lying in such, county, and the council of
any township may hold its sittings, keep its public offices
and transact all the business of the council and of its officers
and servants within any city, town or village lying in such
township or in a township adjacent thereto, but within the
same county, and such county or township may purchase
and hold such real property in such city, town or village as
may be convenient for such purpose.

14. Subsection 5 of section 276& of The Consolidated Muni- » Edw. vn.,
cipal Act, 1903, as amended by section 13 of The Municipal subs'. 5,
Amendment Act, 1905, is hereby repealed and the follow- rep "
fng substituted therefor:

5. No person shall be qualified to be elected to the office Qualification
of controller who does not possess the property and other th^cityof61 '
qualifications as required for mayor by section 76 of this Turonto
Act.

15. Subsection 1 of section 296 of The Consolidated }f uni- ■:> Edw. vn.,
cipal Act, 1903, is amended bv adding to the said subsec-* SUbs! i, 1
tion the following proviso : amended.

"Provided that in towns and in cities with a popula- Duties of
tion under 20,000 the council may by by-law provide that SSners
all the work of assessment and all the duties appertaining J",^",1"
thereto, shall be performed by the assessment commis- towns,
sioner, and in such case it shall not be necessary to ap-
point assessors or valuators as in this section mentioned."

348

Chap. 34.

MUNICIPAL AMENDMENT ACT. 6 EdW. YII

c.Ew7s.*)2,' 16- Subsection 2 of section 402 of The Consolidated
amended Municipal Act, 1903, is amended by striking out the words
"prior to the 27th day of June, 1903," inserted by sec-
tion 12 of The Municipal Amendment Act, 1904.

3 Edw. VII.,
C. 19, s. 541,
par. 4,
amended.

3 Edw. VII.,
C. 19, s. 542,
par. 1, cl. b,
amended.

3 Edw. VII.,
c. IS, s. 542,
subs. 1, cl. c.
par. 1.
amended.

17. — (1) The paragraph numbered 4 in section 541 of
The Consolidated Municipal Act, 1903, is amended by add-
ing after the word "brick" in the first line thereof the
words "stone, cement and concrete."

(2) Clause (6) in the paragraph numbered 1 of section
542 of The Consolidated Municipal Act, 1903, is amended
by adding after the word "or" in the first line thereof
the word "wooden," and by inserting after the word
"fences" in the second line thereof the words "or remov-
al of any wooden building or wooden fences from one
place to another;" by striking out the word "there-
to" in the second line thereof, and by adding at the end
of the said clause the words "and for regulating the erec-
tion of signs or other advertising devices on buildings or
vacant lots."

(3) Clause (c) in the paragraph numbered 1 of section
542 of The Municipal Amendment Act, 1903, is amended
by adding after the word "buildings" in the first line
thereof the words "or additions," and by adding after the
word "brick" in the second line thereof the words "ce-
ment, concrete."

lg^memied °' I8- The Consolidated Municipal Act, 1903, is amended
by adding the following thereto as section 544a : —

purchaseof 544a. The council of every town or village may, by a
fireengines vote of two-thirds of the members of such council, pass

and appliances. , n

by-laws :

(1) For contracting for the purchase of fire engines or
appliances for the purpose of fire protection for public use,
not exceeding $5,000, within the municipality, and such
contract may provide for the payment of the purchase
money in instalments, extending over a period not ex-
ceeding 15 years.

(2) For the issue of debentures, payable in not more than
ten years from the date of the issue thereof and for apply-
ing the proceeds of such debentures towards paying for
such fire engines or appliances, and it shall not be necessary
to obtain the assent of the electors to any such by-law.

(3) An j debt contracted under this section shall be pay-
able in equal annual instalments of principal and interest
as provided for in section 386 of this Act.

3 Edw. vii., 19. The paragraph numbered 3 in section 553 of The Con-
p. 3',' amended, solidated Municipal Act, 1903, is amended by striking out

the

1906

MUNICIPAL AMENDMENT ACT.

Chap. 34

349

the word "and" before the word "villages" in the head-
line thereof, and by adding after the word "villages" in
such headline the words "and Police Villages," and by
adding after the word "municipality" in the last line
thereof the words "or Police Village."

20. The paragraph numbered 4 in section 559 of The 3 Edw. vii.,
Consolidated Municipal Act, 1903, is repealed and the fol- par.-i,9rep°eaied.
lowing substituted therefor : —

''Electric Light, Telegraph and Telephone' Poles and

Wires.

"By the councils of cities, towns, villages and townships :

"4. For permitting- and regulating the erection and main- Electric light,
"tenance of electric light, power, telegraph and telephone w?r'esP°Ies and
"poles and wires upon the highways or elsewhere within
"the limits of the municipality."

21. Subsection 5 of section 569 of The Consolidated Muni- 3 Edw. vu.,
cipal Act, 1903, is repealed and the following substituted s^569'

therefor : repealed.

(5) In the case of a by-law under paragraph number 4 proVisions ap-
of section 566, or under subsection 1 of this section, in addi- fawsreiat?nbyto
tion to the publication required in the case of a by-law street railways,
authorizing the issue of debentures which requires the assent fi|hteorCwater-
of the electors of a municipality before the final passing works-
thereof, there shall be published, along with a copy of such
by-law, and for the same period, the estimates of the in-
tended expenditure.

Provided always that where any city, town or village has
constructed, purchased or acquired gas, electric light or
water works under the authority of this Act, or under the
authority of The Municipal Waterworks Act, or under the
authority of any special Act or Acts, or hereafter constructs,
purchases or acquires such works under the authority of
the said Acts or any future amendments of the same, and
has raised the money for the purchase, acquiring or con-
struction of such works, or hereafter so raises the same by
a general rate on the whole of the assessable property of
the said corporation under a by-law or by-laws lawfiilly
passed or to be passed, it shall be lawful for the council of
the city, town or village from time to time to pass by-laws,
after the assent of the electors entitled to vote thereon has
been obtained, and without the publication of any estimates,
to raise on the credit of the said corporation such further
sums as may be necessary to extend or improve the said
works, or to pay the expense of any extensions or improve-
ments thereof already made or completed, wholly or in part,
and for levying on the whole rateable property of the said
corporation an annual special rate sufficient to defray the

yearly

350

Chap. 34. MUNICIPAL AMENDMENT ACT. 6 EDW. VII

yearly interest upon the sums so expended, and to form an
equal yearly sinking fund for the payment of the principal
within a time not exceeding thirty years nor less than five
years, or sufficient to pay any debt so incurred within such
period in equal annual instalments, including principal and
interest.

Proviso. Provided further that in such cases it shall not be neces-

sary to obtain the assent of the electors to such by-law or
by-laws if the same be approved of by the Lieutenant-Gov-
ernor in Council, it being first shown to the satisfaction of
the Lieutenant-Governor in Council that the said extensions
are or were necessary, and that a sufficient additional
revenue will be derived therefrom to meet the annual special
rate required to pay the new debt and interest ; and provided
also that on the final passing of such by-law or by-laws
three-fourths of all the members of the council vote in
favour of the same.

3Edw. vii.. 22. The paragraph numbered 5 in section 574 of the said
paragraph's Act is amended by striking out the figures "20" in the fif-
amended. teenth line thereof and substituting therefor the figures
SeeTon streets. "30" and by adding at the end thereof the following words,
"the notice required in this paragraph may be given by
"leaving the same with any grown up person resident upon
"the land opposite to which such tree, shrub or sapling is
"situated, or when such lands are vacant or unoccupied at
"the time of giving such notice by posting up the said notice
"in a conspicuous place thereon."

3Edw. vii., 23. Subsection 1 of section 577 of The Consolidated
subs.'!'677' Municipal Act, 1903, is amended by inserting after the
amended word "thereof" in the seventeenth line the following words
"and in every such case the lands so disposed of shall revert
"to and become a part of the municipality to which they
"originally belonged."

3Edw. vii., 24. The Consolidated Municipal Act, 1903, is amended
c. i9, amended. by addlng thereto the following section: —

Destruction of 574a. By-laws may be passed by the councils of cities
tussock moths. ^o require persons to destroy all tussock moths and the
cocoons thereof on trees or elsewhere upon the premises
owned or occupied by them, and to provide that in case any
owner or occupant neglects to destroy all such moths and
cocoons within ten da^s after notice to do so has been given
bv the council by advertisement in some daily newspaper
published in the municipality, the officer or officers ap-
pointed by the council for that purpose may enter upon
the premises of persons so in default and may destroy the
said moths and cocoons, and for the collection of the ex-
pense thereof from the owner or occupant so in default,

and

1906

MUNICIPAL AMENDMENT ACT.

Chap. 34

351

and in case of non-payment for charging such expense as a
special assessment against such premises, to be recovered
in like manner as other municipal rates.

25. The paragraph numbered 8 in section 583 of The Con- 3 Edw. vn.,
solidated Municipal Act, 1903, is amended by inserting paragraph!
after the word '"amusement" in the fifth line thereof theamended-
words "and merry-go-rounds, switch back railways, car-
rousels and other like contrivances."

26. The paragraph numbered 14 in section 583 of Thes&kr. vn.,
Consolidated Municipal Act, 1903, is amended by adding par. u, ° '
after the words •'"'peace officer" in the last line of the first ;imeiui(Ml
proviso thereto the words '"and provided that in any prose-
cution for a violation of any such by-law against any
'"hawker, pedlar or petty chapman or other person men- Hawkers'
"tioned in this subsection on the ground that any such per- fvdn^|dlars'
''son has not obtained a license in pursuance of any by-

"law passed thereunder and the defence is set up that such
"person does not require any such license by reason of the
"fact that he is peddling or selling goods, wares or other
"merchandise to a retail dealer, or is hawking or peddling
"goods, wares or merchandise the growth, produce or manu-
facture of this Province, not being liquors within the
"meaning of the law relating to taverns or tavern licenses,
"and is the manufacturer or producer thereof or the bona
''fide servant or employee of such manufacturer or producer
"thereof having written authority in that behalf, then and
"in such cases it shall not be necessary for the complainant
"to show affirmatively that the person so prosecuted does
"not come within the defence so set up, but the onus of
"proving that he does come within such defence shall rest
"upon the person so prosecuted and in the event of his fail-
"ing to establish at his trial that he does so come within
"such defence he may be convicted of a violation of this
"subsection."

27. Section 583 ^± the said Act is amended by adding 3 Edw. vn.,
thereto the following subsection : amended83

"14a. F or preventing the sale of fruit, candies or pea- Bv.laws for
nuts from any basket, or from anv wagon, cart or other Pr^¥,Vitingf
vehicle upon any street or any portion thereof or witiun fruit, &c.,
any public park or other public place. Provided that any streets, lie.
by-law passed under this subsection shall not apply to any
farmer, market gardener or other person selling goods atPrmiS0
or delivering the same to any place of business or resid-
ence upon any such street or portion thereof."

28. The paragraph numbered 16 in section 583 of The 3 Edw. vn.,
Consolidated Municipal Act, 1903, as amended by section paragraph 1 6
24 of The Municipal Amendment Act, 1904, is amended amended.

352

Chap. 34.

MUNICIPAL AMENDMENT ACT. 6 Ed\V. VII

rediare-5' a"d bv inserting after the figures "14" in the second line
licenses. thereof the words "and for fixing a lower fee in their
"discretion in the case of applicants for such licenses who
"have resided continuously within the county, city or town
"for which the license is sought for at least one year prior
"to the date of application therefor than in the case of
"applicants who have not so continuously resided within
"the county, city or town for such length of time at the
"date of such application."

3Edw vn The paragraph numbered 30 in section 583 of The

c. 19, s. 588,"' Consolidated Municipal Act, 1903, is amended by striking
p. 30, amended. Q^ ^e WOrds "who occupy premises in the city, town,
"village, or township for temporary periods and" in the
second and third lines thereof, and by striking out the
words "personal property" in the fifth line thereof and
substituting therefor the words "business assessment."

3Edw. vn.. 30. The paragraph numbered 31 of section 583 of The
c' amended Consolidated Municipal Act, 1903, is amended by striking
out the words "occupy premises in the municipality and"
in the first and second lines thereof, and by striking out
the words "personal property" in the sixth line thereof
and substituting therefor the words "business assessment."

3Edw. vn., 31. Section 591a of The Consolidated Municipal Act,
amended91"' 1903, as amended by section 26 of The Municipal Amend-
ment Act, 1904, is amended by striking out all the words
commencing with the word "notwithstanding" down to the
end thereof, being the words added to the said section 591r/
by said section 26 of The Municipal Amendment Act, 1904.

3Edw. vn., 32. The proviso to section 5916 of The Consolidated
amended*1''' Municipal Act, 1903, as enacted by section 29 of The Muni-
cipal Amendment Act, 1905, is amended by striking out
the figures "1905" in the second and last lines thereof
and substituting therefor the figures "1906," and by strik-
ing out the figures "1904" in the third line thereof and
substituting therefor the figures "1905."

3Edw.vn 33. Section 596 of The Consolidated Municipal Act,
amended. 1903, is amended by striking out the words "necessarily
incurred in and about the business" in the fourth line of
the said section and substituting in lieu thereof the words
"incurred pertaining to civic interests."

?9ES1V656VIL' c- 34. Section 656 of The Consolidated Municipal Act,
amended. 1903, is amended by inserting after the word "opened" in
the fourth line the word "adopted."

4 Edw., vn., c. 35. Section 28 of The Municipal Amendment Act, 1904,
repealed is hereby repealed and the following substituted : —

" Section

1906

MUNICIPAL AMENDMENT ACT.

Chap. 34 353

"Section 654 of The Consolidated Municipal Act, 1903, i Edw. vii.
is amended by inserting after the word 'thereof in the fifth amended'54,
line the words 'or of making a deviation of a portion of
such county boundary line road, or of adopting a road or
highway already constructed as a part or the whole of such
deviation, where in the opinion of any of the said councils
it is_ impracticable to construct a road along the stud
countv boundary line.' "

36. Subsection 1 of section 669 of The Consolidated Muni- s saw. vii.
cipal Act, 1903, is amended by striking out the words "at subs.' i,'
least two newspapers published in the township, city, town amended-
or village, if there are two newspapers," and substituting
therefor the words "a newspaper published in the township,
city, town or village, if there be a newspaper."

37. Section 673 of The Consolidated Municipal Act, ^n.,
1903, is amended by adding thereto the following subsec- amended. '
tion 2a : —

2a In the case of common sewers already constructed or Cost of con
hereafter constructed out of the general funds of any branch drains
township, city, town, or village, the municipal council of sewers.m°n
such township, city, town, or village shall, upon a resolution
of the council supported by two-thirds of the members pres-
ent at any council meeting being passed, and without any
special notice being published or served upon the owners,
have the right at any time to construct branch drains
from such sewers to the line of the street as a local im-
provement, without any petition or other authority than
such resolution therefor, or may assess and levy the cost
thereof by a special rate upon the lands benefited thereby*,
instead of by a frontage rate. The amount to be assessed
and levied upon each adjoining property, or upon the lands
benefited thereby, shall be the cost of construction of the
branch drain from the centre of the street to the line along
the adjoining property, whether the sewer be laid on the
centre or side of the street.

38. Section 677 of The Consolidated Municipal Act, 5E<jw. vn.
1903, is amended by adding after the word "municipal- amended. '
itv" in the second line thereof the words "or in any sta-
tute;" and bv striking out the words between the word
■sidewalk" in the third line and the word "upon" in the

*ixth line and inserting in lieu thereof the words "or a
pavement;" and by inserting after the word "sidewalk"
in the tenth line thereof the words "or pavement," and. by
striking out of the tenth and eleventh lines of said sec-
tion the words "the members present at any regular
meeting" and inserting in lieu thereof the words "all the
members of the council."

23 s.

39.

354 * Chap. 34.

MUNICIPAL AMENDMENT ACT. 6 Edw. A' 1 1

3 Edw. VII.
c. 19 amended

Works may be
constructed
under s. 677
without
petition.

39. The Consolidated Municipal Act, 1903, is amended
)y adding thereto the following section : —

677a. To remove doubts, it is hereby declared that the
intent and meaning of section 677 of this Act is and always
has been that works of the nature therein described
may be constructed upon the conditions therein set forth
without a petition therefor or the notices provided for by
section 669 of this Act being given ; but nothing herein
is to be taken as meaning that the notices provided for by
section 671 of this Act are to be dispensed with.

3 Edw. VII.
c. 19. s. 678,
subs. 1,
amended .

3 Edw. VII.
c. 19. s. 678,
subs. 2 (a),
amended .

40. — (1) Subsection 1 of section 678 of The Consolidated
Municipal Act, 1903, as amended by section 37 of The
Municipal Amend'ment Act, 1905, is amended by adding
after the word "city" in the second and ninth lines thereof
the word "township."

(2) Subsection 2a of section 678 of the said Act is
amended by adding after the word "city" in the sixth and
eleventh lines thereof the word "township."

3 Edw. VII.
C. 19, S. 714,
subs. 1 and
amended.

3 Ed. VII.
'c. 19, s. 714
amended.

41. — (1) Subsection 1 of section 714 of The Consolidated
s, Municipal Act, 1903, is amended by striking out the words
"bv a majority of the ratepayers resident therein" at the
end of the said subsection and substituting therefor the
words "by a majority of the freeholders resident therein,
and such number of tenants resident therein as will give
a majority of the whole number of the freeholders and
tenants."

(2) Subsection 3 of the said section is amended by strik-
ing out the word "ratepayers" in the fourth line and in-
serting in lieu thereof the words "freeholders and ten-
ants."

(3) Section 714a of The Consolidated Municipal Act,
(a)' 1903, is amended by striking out the word "ratepayers"

in the first and second lines thereof and substituting there-
for the words "resident freeholders and tenants."

3 Edw. vii., 42. Subsection 2 of section 737 of The Consolidated
subs' I- amend Municipal Act, 1903, as enactfed by section 41 of The
eV ' Municipal Amendment Act, 1905, is amended by striking

out the words "another to act as" in the seventh line thereof
and substituting therefor the words ''appoint a."

3 Edw. vii., 43. Section 744 of The Consolidated Municipal Act, 1903,
amended4' is amended by adding the following thereto as subsections
6, 7, 8 and 9: —

Purchase of tire (Q) The trustees of any police village may. with the con-
ap§?ances for sent of the council of the township in which such police
police village, yjj^gg j.s located previously expressed by resolution of such
township council, contract for the purchase of fire engines
or appliances, for the purpose of fire protection for public
23a s.

Uses

1900

MUXICIPAL AMENDMENT ACT.

Chap. 34

355

uses within the village, at a cost not exceeding $3,000, and
for the payment therefor in instalments extending for a
period not exceeding 15 years, and debentures may be is-
sued therefor as hereinafter provided.

(7) Upon such purchase by the trustees of any police Township
village, with the consent of the township council as here- raise necessary
foibefore provided for, the council of the township in whicTi fu •

the police village is situated may pass a by-law for raising ^
the amounts required to pay for such fire engines or other
appliances for the purpose of fire protection, but not ex-
ceeding in the whole the sum of $3,000, and for the purpose
of issuing debentures for a period not exceeding ten years,
and for levying a special rate on the taxable property in
such police village for the payment of any such debentures
and the interest thereon, and such by-law shall not require
to be submitted to or to receive the assent of the ratepayers.

(8) Any debt contracted under this section shall be pay- How debt to be
able in equal annual instalments of principal and interest ,iayable-

as provided for in section 3S6 of this Act.

(9) The trustees of any police village may contract with °° '"^H for
the council of the township or townships in which the same engine, etc., by
is situated, for the use of any fire engine or any appliances owns ip'
purchased for fire protection purposes owned by such vil-
lage, upon such terms as to payment for the use thereof

and otherwise, as shall be agreed upon.

CHAPTER

356 Chap. 35.

COUNTY COUNCILS.

6 EDW. VII

CHAPTER 35.

An Act respecting County Councils.

Assented to 14th May, 1906.

HIS MAJESTY, by and with, the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : — ■

councils -how ^ ■ ^n anc^ ^or ^e vear 1907 and thereafter the council of
composed. every county or union of counties in this Province shall be
constituted as follows :

1. Every town not separated from the county for muni-
cipal purposes and every township and village shall be
represented in such council by the reeve of such town, town-
ship or village municipality, and, in addition to the reeve,
by a deputy reeve or deputy reeves, as follows :

(a) If the municipality had the names of more than

1,000 and not more than 2,000 persons on the
last revised voters' list of the municipality as
qualified to vote at municipal elections, then by
a first deputy reeve,

(b) If the municipality had more than 2,000 and not

more than 3,000 such names upon such list, then
by a first deputy reeve and a second deputy
reeve, and

upon such list then by a first deputy reeve, a
second deputy reeve, and a third deputy reeve.

2. The number of councillors to be elected in any town-
ship or village in accordance with the provisons of The
Consolidated Municipal Act, 1003, shall be decreased by the
number of deputy reeves to be elected therein, but this pro-
vision shall not apply to towns.

3. Such reeves and deputy reeves shall be elected by gen-
eral vote in the manner provided by The Consolidated Muni-
cipal Act, 1903, for the election of mayors of towns, and

reeves

1906. county councils. Chap. 35 357

reeves and councillors in villages and townships, and they
shall be members of the council of the municipality in
which they are elected.

2. No member shall take his seat in the county council ^eotta?1* of
until he has filed with the clerk of the county council a
certificate of the clerk of the town, township or village

under his hand and the seal of the municipal corporation
that such member was duly elected and has made and sub-
Bcribed the declarations of office and qualification a8 reeve
or deputy reeve as the case may be.

3. The certificate mentioned in section 2 may be in the^°™of.

_ nil * cor unci* ic<

form following: —

I, A.B., of Clerk of the Corporation

of the town (township or village, as the case may be) of

in the County of do
hereby, under my hand and the seal of the said Corporation, cer-
tify that C. D. of , Esquire (or as the
east may be), was duly elected reeve (or first deputy reeve or second
deputy reeve, or third deputy reeve, as the case may be) of the
said town (township or village as the case may be) and has made
and subscribed the declaration of office and qualification as such
reeve (or first deputy reeve, or second deputy reeve, or third deputy
reeve as the case may be.)

4. — (1) At the first meeting of every county council in warden,—
each year at which a majority of the full council is present electlon of-
the members shall organize themselves as a council and

elect one of their number to be warden.

(2) At every such election the clerk of the county shall c'erk to pre-
preside and if there is no clerk the members present shall man.
select one of themselves to preside and the person so elected

may vote as a member.

(3) Subject to the provisions of section 274a of The Con- Procedure at
■wlidated Municipal Act, 1903, the warden shall be elected warden.

in such manner as may be provided for by resolution of the
council passed prior to such election, provided that the
person elected shall receive a majority of the votes cast.

(4) In case of an equality of votes on the election of a casting vote
warden, then of those present, the reeve, or in his absence warden.0" °f
the deputy reeve of the municipality which for the preced-
ing year had the greatest equalized assessment shall have

a second and casting vote, and in the event of no one muni-
cipality having the greatest equalized assessment, in con-
sequence of two or more municipalities having the same
equalized assessment, then the reeve, or, in his absence,
the deputy reeve, of the municipality having the greatest
lumber of municipal voters entered on its last revised
voters' list shall have such second or casting vote.

(5) In counting the names of voters referred to in the^o™^*
preceding subsection the name of the same person shall voters.

not

358

Chap. 35.

COUNTY COUNCILS.

6 Edw. VII

3 Edw. VII,
C. 19, 3. 76,
subs. 1,
amended.

3 Edw. VII,
ss. 112, 113,
114, 115,
amended.

3 Edw. VII,
c. 19, s. 118,
subs. 1,
amended.

3 Edw, VII,
c. 19, s. 119,
amended.

not be counted more than once, whether the name of such
person appears upon the voters' list only once or more than
once.

5. Subsection 1 of section T6 of The Consolidated Muni-
cipal Act, 1903, is amended by inserting after the word
"reeve" in the 4th line the words "deputy reeve".

6. Sections 112, 113, 114 and 115 of The Consolidated
Municipal Act, 1903, are amended by adding in the forms
of oath set forth in the said sections after the word "reeve"
wherever it occurs therein the words "or deputy reeve."

7. Subsection 1 of section 118 of The Consolidated
Municipal Act, 1903, is amended by inserting after the
word "towns" in the 4th line the words "and of reeve
or reeve and deputy reeve in towns".

8. Section 119 of The Consolidated Municipal Act,
1903, is amended by inserting after the word "townships"
in the 5th line the words "and deputy reeves in townships".

3 Edw. VII.
c. 19, s. 120,
amended .

3 Edw. VII,
C. 19, S. 122,
amended.

3 Edw. VII,
e. 19, s. 123,
amended.

3 Edw. VII,
C. 19, S. 124,
amended.

9. Section 120 of The Consolidated Municipal Act,
1903, is amended by inserting after the word "reeve" in
the 7th line the words "or mayor and reeve or mayor,
reeve and deputy reeve". .

10. Section 122 of The Consolidated Municipal Act,
1903, is amended by inserting after the word "reeve" in
the 2nd line the words "or reeve and deputy reeve or
deputy reeves".

11. Section 123 of The Consolidated Municipal Act,
1903, is amended by inserting after the word "reeve" in
the 5th line the words "or reeve and deputy reeve or deputy
reeves".

12. Section 124 of The Consolidated Municipal Act,
7903, is amended by inserting after the word "reeve" in
the 3rd line the words "and deputy reeves".

3 Edw. VII,
e. 19, s. 125,
subs. 1,
amended.

13. Subsection 1 of section 125 of The Consolidated
Municipal Act, 1903, is amended by inserting after the
word "reeve" in the 3rd line the words "deputy reeves".

3 Edw. VII,

c. 19, s. 129,
subs. 3a,
amended.

3 Edw. VII,
C. 19. s. 140,
subs. ],
amended.

14. Subsection 3a of section 129 of The Consolidated
Municipal Act, 1903, is amended by inserting after the
word "reeve" in the said subsection as amended by section
4 of The Municipal Amendment Act, 1904, the words
"deputy reeve".

15. Subsection 1 of section 140 of The Consolidated
Municipal Act, 1903, is amended by inserting after, the
word "mayor" in the 3rd line the words "and reeve or

reeve

1906.

COUNTY COUNCILS.

Chap. 35 359

reeve and deputy reeve (if any)" and by inserting after Ballot papers
the word "mayor" in the 7th line the words "and another depu*yVreeve.
kind or set shall be prepared for each ward or polling sub-
division containing the names of the candidates for reeve
or reeve and deputy reeve if a reeve or reeve and deputy
reeve are to be elected".

16. Subsection 2 of the said section 140 is amended by s Edw. vn,

■ » c 19 s 140

inserting after the word "mayor" in the 5th line the words subs.' 2,'
"or mayor and reeve or mayor, reeve and deputy reeve if amen,dea-
a reeve or reeve and deputy reeve are to be elected".

17. Subsection 3 of the said section 140 is amended by 3 Edw. vn,

■ • C 19 S 140

inserting after the word "reeve" m the 3rd line the words subs'. 3',
"or reeve and deputy reeve or first deputy reeve, second amended-
deputy reeve and third deputy reeve as the case may be".

18. Subsection 2 of section 141 of The C ' onsolidated 3 Edw. vn,
Municipal Act, 1903, is amended by inserting after the word subs.' 2.'
"reeve" in the 8th and 10th lines respectively the words amended'
"deputy reeve, first deputy reeve, second deputy reeve or

third deputy reeve" and by striking out all the words in
the said subsection after the words "as the case may be"
in the 10th line of the said subsection.

19. Subsection 1 of section 158 of The Consolidated vn,
Municipal Act, 1903, is amended by inserting after the subs! 1,
word "reeve" in the 4th line the words "or reeve and Where electors
each deputy reeve". S'olein

20. Subsection 3 of the said section 158 is amended by 3 Edw. vn,
inserting at the end of the said subsection the following amended/' 3'
words "and once for reeve or for reeve and deputy reeve if voting in

ij , xl 1 , j ,, towns for reeve

a reeve or a reeve and deputy reeve are to be elected. and deputy

reeve.

21. Section 167 of The Consolidated Municipal Act, 3Edw. vn,

c 19 s 1ij7

J903, is amended bv inserting after the words "mayor amended. '

and reeve" in the 3rd line the words "or Mayor, Reeve

and Deputy Reeve or Deputy Reeves" and by striking out

the words "county councillor" in the 3rd and 7th lines

and by inserting after the word "reeve" in the 7th line

the words "deputy reeve".

22. Subsection 3 of section 189 of The Consolidated 3 Edw. vn,
Municipal Act, 1903, is amended bv inserting after the subs.' 3s' '
word "'reeve" at the end of the 6th line the words "deputy tended,
reeve".

23. Section 203 of The Consolidated Municipal Act, 3Edw. vn,
1903, is amended bv striking out the words "of county £'m2ha'ed.3,
councillors" in the 9th line and by inserting after the
word "reeve" in the 9th line the words "deputy reeve".

360

Chap. 35.

COUNTY COUNCILS.

6 Edw. VII

3 Edw. VII,
C. 19, s. 206,
amended.

24. Section 206 of The Consolidated Municipal Act,
1903, is amended by striking out all the words in the first
line, the words "the county clerk" in the 2nd line, the
words "the county clerk or" in the 8th line and the words
"county or" in the, 9th line of the said section.

3 Edw. VII,
C. 19, s. 216,
subs. 1,
amended.

3 Edw. VII.
c. 19, s. 219,
subs. 1,
amended.

25. Subsection 1 of section 216 of The Consolidated
Municipal Act, 1903, is amended by inserting after the
word "mayor" in the first line the words "or reeve or
deputy reeve" and by inserting after the word "village"
in the second line the words "or the office of deputy reeve
or one of the deputy reeves of a township".

26. Subsection 1 of section 219 of The Consolidated
Municipal Act, 1903, is amended by inserting after the
word "reeve" in the third line the words "deputy reeve"
and by striking out the words "county councillor" in the
3rd line.

3 Edw. VII,
C. 19, s. 220,
subs. 1,
amended.

27. Subsection 1 of section 220 of The Consolidated
Municipal Act, 1903, is amended by inserting after the
word "reeve" in the 7th line the words "deputy reeve"
and by striking out the words "county councillor" in the
8th line.

3 Edw. VII,
C. 19, s. 311,
subs, 2,
amended.

3 Edw. VII
C. 19, s. 312,
amended .

3 Edw. VII,
c. 19, s. 319,
amended.

8 Edw. VII,
c. 19, s. 388,
amended.

3 Edw. VII,
C. 19, s. 473,
amended.

3 Edw. VII,
C. 19, s. 475,
amended .

28. Subsection 2 of section 311 of The Consolidated
Municipal Act, 1903, is amended by inserting after the
word "reeve" in the first line the words "or deputy reeve".

29. Section 312 of The Consolidated Municipal Act,
1903, is amended by inserting after the word "mayor" in
the 1st line the words "every reeve and deputy reeve".

30. Section 319 of The Consolidated Municipal Act,
1903, is amended by striking out the words "county coun-
cillor" in the second line and inserting in lieu thereof the
words "deputy reeve" and by striking out all the words
after the word "not" in the fourth line down to and in-
cluding the word "aforesaid" in the sixth line.

31. Section 388 of The Consolidated Municipal Act,
1903, is amended by striking: out the words "a county coun-
cil elected under this Act may during any one term for
which it is elected" and inserting in lieu thereof the words
"a county council may in any one year".

32. Section 473 of The Consolidated Municipal Act,
1903, is amended by striking out the words "all members
of a county council" in the first and second lines and by in-
serting after the word "village" at the end of the second
line the words "and all deputy reeves".

33. Section 475 of The Consolidated Municipal Act,
1903, is amended by inserting after the word "reeve" in

the

1906.

COUNTY COUNCILS.

Chap. 35 361

the first line the words ''deputy reeve" and by striking
out the words "or member of a county council" in the
first and second lines.

34. Sections 66, 67, 68, 68a, 69, 77, 81, 82, 85, 94, 111, S'SV&q
132, 133, 134, 135, 142, 143, 155, 160, 180, 181, 182,

191, 195, 196, 197, 205, 209, 217, 261, 262 and 263, and sub- ui ui '
section 2 of section 168 of The Consolidated Municipal 183; m, 195*
Act, 1903, and sections 2 and 3 of The Municipal Amend- g£ ^:^'and
ment Act, 1904, are repealed. 4 vn,

' ' r c . 22 SS. 2, 3

replied.

35. Schedule A to The Consolidated Municipal Act, 3 Edw. yn,
1903, is amended by striking out the Form of Ballot Paper amemiea.6 ' A'
for the election of County Councillors in the said Schedule

and by inserting after the Form of Ballot Paper for mayor
the form numbered 1 in the Schedule to this Act, and by
inserting at the end of said Schedule A the form num-
bered 2 in the Schedule to this Act.

36. The Form of Directions to "Voters set out in Sche- 3 Edw. vn,
dule B to The Consolidated Municipal Act, 1903, is amend- amended6*1' B'
ed by striking out the second paragraph therein relating to

voting for county councillors, and by substituting for the
last paragraph in the said form and the forms appended
thereto the paragraph and forms numbered 3 in the
Schedule to this Act.

37. Schedule H to The Consolidated Municipal Act, 3EdwVii
1903, is repealed. ^fed.^ H

SCHEDULE.
Form No. 1.

Ballot Paper for Reeve and Deputy Reeve in Town.

*****;

*****

*****J

^ ^t? it* ^t? ^

*****
*****
*****
*****
*****
*****
*****
*****
*****
*****
*****
*****
*****
*****
*****
*****
*****
*****
*****
*****
*****
*****!

e« o

a p4

**" X! CT>

O OOQ ..

M S.9 g

CLITHEROE

Albert Clitheroe, of the Town of
Gait, Baker.

HUGHES

David Hughes, of the Town of Gait,
Tinsmith.

FARQUHARSON

Robin Farquharson, of the Town
of Gait, Builder.

MacPHERSON

Roderick MacPherson, of the Town
of Gait, Printer.

Form

362

Chan. 35.

COUNTY COUNCILS.

6 EDW. VII

Ballot Paper for Beeve,

Form No. 2.

Deputy-Beeves and Councillors in Town-
ships.

*****
*****
*****
*****
*****
*****
*****
*****
*****
*****
*****
*****
*****
*****

*****:

*****

*****<

******

***** ,

*****,

******

*****<

*****,

*****<

*****,

*****<

*#***,

*****,

*#***,

***** ,

*****,

*«***,

*****,

***£.**,
#****<
* ****,
*****<
*«***,
*«#**■
***** '
***** 1
***** 1
***** 1
******
******
******
***** '
***** '
******
******
******
******
***** '
***** *
******
******
***** '
***** '
***** '
******
******
******
******
******
***** 1
-X**** '
***** '
^«*** '

o
O

F-l

o
O

p i

ALLSOPP

Albert Allsopp, of the Township
of York, Brewer.

BURTON

Henry Burton, of the Township of
York, Farmer.

UTY-

BANKS

John Banks, of the Township of
York, Blacksmith.

FOR FIRST
REFA

tALUWtLL

Henry Caldwell, of the Township cf
York, Market Gardener.

UTY-

CONNOR

Patrick Connor, of the Township of
York, Cattle Dealer.

DAVIDSON

FORS j

Thomas Davidson, of the Township
of York, Milkman.

UTY-

EDWARDS

§S
ft£

Daniel Edwards, of the Township
of York, Miller.

FERGUSON

George Ferguson, of the Township
of York, Nurseryman.

BRITTON

James Britten of the Township of
York, Farmer.

LLOYD

David Lloyd, of the Township of
York, Farmer.

MACDCNALD

Philip Macdonald, of the Township
of York, Agent.

O'LEARY

Dennis O'I.eary, of the Township
<>f York, Dairyman.

Fol'.M

1906.

COUNTY COUNCILS.

Cliap. 35

363

Form 3.

(Amendment to Directions to Voters.)

In the following forms of ballot paper, given for illustration
the candidates are, for Mayor, Jacob Thompson and Robert Walker,
for Reeve, Gecrge Jones and John Smith, for Deputy Reeve, Thomas
Brown and William Davis, for Councillors, John Bull, Morgan
Jones, Allister McAllister and Patrick O'Connell ; and the elector
has marked the first ballot paper in favour of Jacob Thompson
for Mayor, the second ballot paper in favour of George Jones for
Reeve, the third ballot paper in favour of William Davis for Deputy
Reeve, and the fourth ballot paper in favour of John Bull ar»J
Patrick O'Connell for Councillors.

THOMSON

Jacob Thompson, of the Town
of Barrie, Merchant.

WALKER

Robert Walker, of the Town of
Barrie, Physician.

*****
******
' *****
*****
*****
*****
*****
*****
*****
*****
*****
1 *****
*****
*****
*****
1 *****
< *****
< *****
*****

' * .4£ At *: 4f /

JONES

George Jones, of the Town of
Barrie, Barrister.

SMITH

John Smith, of the Town of
Barrie, Banker.

BROWN

Thomas Brown, of the Town of
Barrie, Grocer.

DAVIS

William Davis, of the Town of
Barrie, Jeweller.

Election

364

Chap. 35.

COUNTY COUNCILS.

6 Edw. VII

*****<
*****

1 *****(
' #*##>&<

>
s

GO
6C

o
OS

BULL

John Bull, of the Town of
Barrie, Butcher.

JONES

Morgan Jonee, of the Town of
Barrie, Grocer.

McAllister

Allister McAllister, of the Town of
Barrie, Tailor.

O'CONNELL

Patrick O'Connell, of the Town
of Barrie, Milkman.

CHAPTER

1906.

ASSESSMENT AMENDMENT ACT.

Chap. 36.

365

CHAPTER 36.

The Assessment Amendment Act, 1906.

Assented to 14th May, 1906.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1. The paragraph numbered 19 in section 5 of The Assess- 4 Edw.vn.
merit Act is repealed and the following substituted there- Repealed! P"
for : —

19. The annual income derived from personal earnings income from
or from any pension, gratuity, or retiring allowance inlam^ngsetc.
respect of personal services by any person assessable directly
in respect of income under this Act to the amount of $1,000
where such person is resident in a city or town having
a population of 5,000 or over, or to the amount of $700
where such person is resident in any other municipality,
provided that such person is a house-holder in the city,
town or other municipality and assessed as such, or being
the head of a family occupies with his family any por-
tion of a dwelling house, although not assessed therefor, and
the annual income derived from personal earnings or from
any pension, gratuity or retiring allowance in respect of
personal services of every person not being a house-holder
or head of a family as aforesaid, to the amount of $600,
where such person is resident in a city or town having a
population of 5,000 or over and to the amount of $400
where such person is resident in any other municipality,
and the income of any person derived from any investment,
or from moneys on deposit in any bank or other financial
institution or loaned upon mortgages, promissory notes or
other securities, where such income does not exceed the
sum of $300 and where such person is a house-holder or
head of a family within the meaning' of this paragraph, and
is not in receipt of income from all sources exceeding the
said sum of $300.

366

Chap. 36.

ASSESSMENT AMENDMENT ACT. 6 Ed\V. YII.

4 Ed.vn, c.23, 2. Clause h of subsection 1 of section 10 of The Asse&s-
p. g amended. ment Act is amended by striking out tlie words "trade or
commercial" in the 8th line thereof.

4Ed. vn c.23, 3. Clause / of subsection 1 of section 10 of The Assess-

s 10 ^ubs 1 r

ciau'se/. ' ment Act is amended by adding- after the word "business"
in the 8th line, the words "or any other business."

b^o.'suds.^23, 4. Subsection 3 of section 10 of The Assessment Act is
amended. amended by striking out the figures "250" in the last line
thereof and substituting therefor the" figures "100."

cB£Fs io L' Subsection 5 of section 10 of The Assessment Act is

amended by striking out all the words therein after the
word "railway" in the fifth line thereof.

amended.

■1 Edw. VII.,
c. 23, s. 10,
subs. 7
amended.

6. Subsection 7 of section 10 of The Assessment Act is
amended by adding thereto the following words : "Nor
"shall any Subordinate Lodge of any registered Friendly
"Society or any officer thereof in respect of any business of
"such subordinate lodge be liable to any business assesss-
"ment."

4 Edw. VII.,
e. 23, s. 14,
subs. 2
amended.
Lines of local
telephone
systems.

7. Subsection 2 of section 14 of The Assessmemt Act is
amended by adding thereto the following proviso :

Provided that in the case of any local telephone system
not operating generally throughout the Province, and not
authorized by Statute to carry on business throughout the
Province, the lines of such company within any township
shall be assessed at their actual value, but not exceeding
in the whole the rates per mile in this section prescribed.

4. Edw. vii., 8. Subsection 5 of section 14 of The Assessment Act is
suS' 5 14' amended by adding thereto the following :

amended.

Telegraph and Provided that the telephone and telegraph plant, poles
plantof16 and wires of a steam railway company which are used ex-
raiiways. clusively in the running of trains or for any other purposes
of a steam railway and not for commercial purposes shall,
as heretofore, be exempt from municipal assessment or tax-
ation ; but each of such wires when used for commercial
purposes shall be assessed at $5 per mile in the manner
aforesaid.

4 Edw. vii., 9. The Assessment Act is amended by adding thereto the

c. 23 amended . f ollf)wi gection . _

Special provi- 22a. The provisions of paragraph (g) of subsection 1 of
Townships of section 22 of this Act shall not apply to the Townships of
bnrcmghCand York, Scarborough, and Etobicoke, in the County of York,
Etobicoke. bnt in lieu thereof the assessor or assessors of said town-
ships shall assess in the manner provided for by subsection

1906.

ASSESSMENT AMENDMENT ACT.

Chap. 36.

367

5 of section 33 of this Act, the unoccupied lands owned by
non-residents, who have not given notice to the clerk of the
municipality under subsection 6 of section 33 of this Act.

10. Subsection 1 of section 36 of The Assessment Act is 4E;|W- un-
amended by inserting after the word "lands" in the first as. l amended,
line thereof the words "other than oil lands."

11. Subsection 3 of section 36 of The Assessment Act is 4 Edw. vn.,
amended by inserting after the words "mineral lands" |' amended,
in the first line thereof the words "other than oil lands" *
and by inserting after the word "work" in the fifth line
thereof the words "other than those on oil lands."

12. — (1) Subsection 1 of section 42 of The Assessment 4 Edw. vu..

Act is amended by inserting after the words "electric rail- ?• 2f SJ2- .

t 1 i • 1 amende!

way m the sixth hue, the words "and companies or per-
sons transmitting oil or gas by pipe line" and by adding
the following as subsection (la) thereof: —

la. Where property of any such companies extends Assessment

. works of ccr-

through two or more municipalities, the portion thereof in tain companies
each municipality shall be separately assessed therein at twefor more1*0
its value as an integral part of the whole property. municipalities.

13. Subsection 2 of section 44 of The Assessment Act is 4 Edw. vu.
amended by striking out the last five lines thereof and sub- subs'. 2 i4'
siituting in lieu thereof the following: amended.

"Notwithstanding anything in this Act contained, the Assessment of
structures, substructures, superstructures, rails, ties, poles, property,
wires and other property on railway lands and used exclu-
sively for railway purposes or incidental thereto (except
stations, freight sheds, offices, warehouses, elevators,
hotels, roundhouses and machine, repair and other shops)
shall not be assessed."

The said subsection as hereby amended snail be deemed
to have been in force on and from the first day of January,
1906; and notwithstanding the provisions of section 45 of
this Act any assessment heretofore made may be corrected
so as to conform to the provisions of this section.

14. Subsection 2 of section 68 of The Assessment Act is \ .^s.ei
amended by adding after the words "Court of Revision" ™|n|e(J
in the 8th line thereof the words "or in case the Court shall
It to hear appeals after the said date then within five days
after the closing of the Court."

15. Section 96 of The Assessment Act is amended hy*Edgw-^
adding thereto the following words : "But this section amended,
shall not apply to the Townships of York. Scarborough,
and Etobieoke."

16.

368

Chap. 3G. ASSESSMENT AMENDMENT ACT. 6 EDW. VII.

c.^iWs .T27," 16- — (1) Subsection 1 of section 127 of The Assessment
subs. 1 Act is amended by inserting after tbe word "taxes" in the
second, eighth., fourteenth and last lines thereof the words
"or rates," and by striking out the words "in arrear" in
the eighth line thereof.

c.E23W.s.T27," (2) Subsection 2 of section 127 of The Assessment Act is
amended amended by inserting after the word "taxes" in the fifth
line thereof the words "or rates," and by inserting after
the word "tax" in the seventh line thereof the words "or
rate."

17. Section 128 of The Assessment Act is amended by

in the second, eighth,
ninth and tenth lines thereof the words "or rates."

4 Edw. VII.,

amended. inserting after the word "taxes

4 Edw. vn. 18. Subsection 7 of section 165 of The Assessment Act is
subs! 165' repealed and the following substituted therefor : —

repealed.

Number of lots 7. Such deed if requested may include any number of lots
one'texdeed. n°t exceeding four which are to be conveyed to the same
person.

4 Edw. vn. 19. Section 214 of The Assessment Adt is repealed and
repeafel.14, ^ne following substituted therefor :

Payment by 214. The treasurer of every township, town or village
township, town shall on or before the 31st day of December in each year
to treasurer of Pay t° ^e treasurer of the county all moneys which were
county. assessed and by law required to be levied and collected in
the municipality for county purposes or for any of the pur-
poses mentioned in section 211 of this Act, and in case of
non-payment of such moneys or any portion thereof on or
before the said date the township, town or village so in
default shall pay to the county interest thereon at the rate
of six per cent, per annum from the said date until payment
shall be made.

CHAPTER

1906

MUNICIPAL DRAINAGE.

Chap. 37 309

CHAPTER 37.

An Act to amend The Municipal Drainage Act. v

Assented to 14th May, 1906.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. Subsection 1 of section 3 of The Municipal Drainage Re^stau
Act is amended by striking out the word "described" in the subs. i,' '
fourth and fifth lines of the said subsection and inserting amended*
after the word "area" in the fifth line of the said subsec-
tion the words "as described in such petition."

2. Subsection 1 of section 4 of the Act passed in the thirdsEdw. vir.
year of His Majesty's reign, chapter 22, is amended by subs' l, '
inserting after the word "shall" at the end of the second amended'
line of the said subsection the words "if required so to do

by the council by which he was engaged."

3. Section 18 of The Municipal Drainage Act is amended Rey. stat.
by inserting after the word "described" in the fourth 1 me amended,
of the said section the words "in such petition."

4. The paragraph numbered 2 in the form of by-law con- ^^ched -3
tained in Schedule "B" in The Municipal Drainage Act is amended,
amended b^ striking out the word "thereof" at the end

of the sixth line of the said paragraph and substituting
therefor the words "of the said debentures."

5. The paragraph numbered 8 in section 2 of The Muni- ^2v2(;stat2
cipal Drainage Act is repealed and the following substi- pair. 8,
tuted therefor:— amended"

"Referee" shall mean "the referee for the purpose of the
drainage laws of this Province as hereinafter provided."

6. Section 88 of The Municipal Drainage Act is re- ^e22>stat8o
pealed and the following substituted therefor : — repealed.

24 s. 88

370

Chap. 37.

MUNICIPAL DRAINAGE.

6 EDW. VII

appointment ^8. — (1) The Lieutenant- Governor in Council from time
°f- to time may appoint two referees for the purpose of the

drainage laws; that is to say, The Ontario Drainage Act,
the provisions of this Act, and other Acts, and parts of
Acts on the same subject.

(2) Such referees shall be deemed to be and shall be
officers of the High Court.

Qualification. (3) They shall be barristers of at least ten years' stand-
ing at the Bar of Ontario.

(4) They shall hold office by the same tenure as official
referees under The Judicature Act.

To be officers
of High Court,

Tenure of
office.

Salary.

Jurisdiction.

Not to practise. (5) They shall not practise as solicitors or barristers in
any matter arising under this Act, nor act as legal agents

or advisers in any such matter.

(6) They shall each be paid a salary of such amount as
may be appropriated by the Legislature for the purpose
(not exceeding |3,500 a year each) to be paid monthly,
together with their reasonable travelling expenses.

(7) One of the said Referees shall exercise all the rights,
powers, privileges and jurisdiction conferred upon him by
this Act or any other Act or Acts in the Counties of Stor-
mont, Dundas and Glengarry, Prescott and Russell, Leeds
and Grenville, Frontenac, Lennox and Addington, Prince
Edward, Hastings, Northumberland and Durham, Vic-
toria, Haliburton, Peterborough, Renfrew, Lanark, Carle-
ton, and the other Referee shall exercise all the rights,
powers, privileges and jurisdiction conferred upon him
bv this Act or anj other Act or Acts in all the other coun-
ties and districts in the Province of Ontario.

(8) In case of the absence or illness of either of the said
Referees or in case of a vacancy in the office of either, or at
the request of either, the remaining Referee may act in his
place and may exercise his jurisdiction.

7. Section 98 of The Municipal Drainage Act is amended
by striking out the words "the shorthand writer" at the
commencement of the said section and inserting in lieu
thereof the words "two or more shorthand writers."

8. — (1) Section 3a of The Municipal Drainage Act as
enacted by section 3 of the Act passed in the third year of
His Majesty's reign, Chaptered 22, is repealed.

(2) Sections 1 and 2 of the said Act passed in the third
year of His Majesty's reign, Chaptered 22, are repealed,
and wherever in The Municipal Drainage Act, as amended
by striking out the words "the shorthand writer" at the
referring to the appointment, powers and duties of any
engineer or surveyor and drainage viewers the same shall
refer to the engineer and surveyor only.

24a s. 9

Absence or
illness.

Rev. Stat,
c. 226, s. 9S
amended.

Rev. Stat.,
c. 226, s. 3a,
repealed.

3 Edw. VII.,
C 22, SS. 1, 2,
repealed.

1906

MUNICIPAL DRAINAGE.

Chap. 37 371

9. Section 75 of The Municipal Drainage Aot is amended Kej^stat^
bv adding the following subsection : — amended.

(2) The provisions of this section shall apply to the better
maintenance of a natural stream, creek or watercourse
which has been artificially improved by local assessment or
otherwise, and to any drainage work constructed under the
provisions of The Ontario Drainage Act in the same manner
to the same extent, and by the same proceedings as are
hereby made applicable to the better maintenance of a
drainage work wholly artificial.

10. No by-law heretofore or hereafter passed by any Certain by_
municipal council under The Municipal Drainage Act shall paYsedecon0fore
be deemed invalid or illegal by reason only that the peti- firmed,
tion for such by-law was not sufficiently signed if such peti-
tion was duly signed by a majority in number of the resi-
dent and non-resident persons (exclusive of farmers' sons

not actual owners) shown by the last revised assessment roll
to be the owners of the lands to be benefited in the area
described in such petition ; provided, however, that noth- Proyiso
ing in this section contained shall affect any litigation now
pending with respect to any such by-law, but the same
may be proceeded with and adjudicated upon in the same
manner as if this section had not been passed.

CHAPTER

372 Chap. 38. PUBLIC LIBRARIES. 6 Edw. VII.

CHAPTER 38.

An Act authorizing certain Payments under The
Public Libraries Act.

Assented to 27th April, 1906.

HIS MAJESTY, by and with the advice and consent
of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

Moneys pay- x. Where the Board of Management of any public

able for books, ,., nn • n. 1

etc., purchased library purchased any books , periodicals or newspapers,
LibraryBoard in the year 1903 prior to the twelfth day of June in the
before ^mh said year, any moneys which would have become payable
to such Board of Management by reason of such
purchase under the authority of subsection 1 of sec-
tion 28 of The Public Libraries Act, if the Act passed in
the third year of His Majesty's reign, chapter 23, being
An Act to a. /tend The Public Libraries Aot, had not
been passed, and which, by reason of the provisions of the
last named Act, have not been paid to such Board of Man-
agement, may still be paid to such Board.

statement of 2. Provided, however, that any Board of Management
chasetobeUr aPPlyin& f°r sucn payment shall, within six months from
given, etc. the date when this Act takes effect, deliver to the Minister
of Education a statement in writing giving full details of
such purchase of books and of the grounds upon which
such application for payment is made, and furnish to the
said Minister such evidence as shall satisfy the Minister
that such payment may be properly made.

claims to be 3. This Act shall not be taken to authorize the payment
6 months. m of any claims which are not made within the said period

of six months in the manner set forth in the preceding

subsection.

CHAPTER

11)00

MUNICIPAL LIGHT AND HEAT.

Chap. 39 373

CHAPTEE 39.

An Act to amend The Municipal Light and Heat

Act.

Assented to 14th May, 1906.

HIS MAJESTY, by and with the advice and consent
of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. Section 9 of Tlie Municipal Light and Heat Act isRev.stat.,
amended by adding thereto the following subsection : amended.

(2) In fixing the rents, rates or prices to be paid for the Discretion of

i 0 l , • . , ,i _ci-ij. corporation a

supply or use of gas or eJectricity or other means oi light- to rates to be
ing or heating, the corporation shall have the right tocharged-
use its discretion as to the rents, rates or prices to be
charged to the various classes of consumers to be sup-
plied with gas, electricitv or other means of lighting or
heating, and also as to the rents, rates or prices at which
gas, electricity or other means of lighting or heating shall
be supplied for the differeint purposes for which it may
be supplied or required.

CHAPTER

374

1906.

MUNICIPAL WATERWORKS.

Chap. 40.

CHAPTER 40.

An Act to amend The Municipal Water-works Act.

Assented to 14th May, 1906.

HIS MAJESTY, by and with the advice and consent
of the Legislative Assembly of the Province of
Ontario, enacts as follows : —

ce235Ssa2'd 1- Section 20 of The Municipal Water-works Act is
amended. amended by adding thereto the following subsection :

fixudifferenty (3) ^n fixing the rents, rates or prices to be paid for the
of water supply SUPP^ or use °^ water from the waterworks for other than
domestic purposes the corporation shall have the right to
use its discretion as to the rents, rates or prices to be
charged to the various classes of consumers to be sup-
plied with water, and also as to the rents, rates or prices
at which water shall be supplied for the different pur-
poses for which it may be supplied or required.

c.e235Ssat«, 2. Subsection 1 of section 41 of The Municipal Water-
repeaied. works Act is repealed and the following substituted there-
for : —

co^^ionera, 41.— (1) The Commissioners shall consist of a Board of
tuted°°nstI three or five members, of whom the head of the council

shall ex-offi,cio be one, and the remainder shall be elected

and hold office as follows: —

(a) The members to be elected shall be elected at the
same time and place and in the same manner
as the head of the council.

(&) At the first election two members, where the Board
consists of three, and four members where the
Board consists of five, shall be elected, and the
one member of the two to be elected, and the
two members of the four to be elected, receiv-
ing the highest number of votes, shall continue
in office for two years thereafter and until their
successors have been elected under this Act and
the new Board organized ; and the remaining

one

1906.

MUNICIPAL WATERWORKS.

Chap. 40.

375

one member or two members, as the case may
be, shall continue in office for one year and un-
til their successors have been elected under this
Act and the new Board organized.

or two members, as the case may be, shall be
so elected for two years to fill the place of the
member or members retiring.

(d) In case the election is for two members at the

first election and the votes for such two mem-
bers elected are equal, then the member having
the largest assessment on the last revised assess-
ment roll shall continue in office for two years,
and in case the election is for four members at
the first election and any two or more members
elected have an .equality of votes, then as be-
tween such members that member or those mem-
bers having the largest assessment according to
the last revised assessment roll shall continue in
office for two years.

(e) Where a vacancy from any cause occurs on the

Board, the council shall immediately appoint
a successor who shall hold office during the re-
mainder of the term for which his predecessor
was elected.

CHAPTER

376

Chap. 14.

MUNICIPAL TELEPHONE SYSTEMS.

Edw. VII

CHAPTEE II.

An Act respecting Local Municipal Telephone

Systems.

Assented to 27th April, 1906.

TT IS MAJESTY, by and with the advice and consent of
XX the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1. The word "subscribers," when used in this Act, shall
mean and include all persons who shall, from time to time,
apply for the connection of their premises with a telephone
system installed under this Act, and whose premises are so
connected.

system . 2. A petition may be presented to the council of any muni-

cipality praying for the establishment of a local telephone
system for the convenience of the subscribers.

3. The petitioners in their original or in any supplemen-
tary petitions shall set forth such particulars as the council
may require, including a statement showing the location of
the proposed system and the manner in which it is proposed
that such system shall be erected and maintained.

4. The council may by by-law provide at the expense of
the subscribers, and subject to such conditions as may be
set forth in such by-law for the establishment and mainten-
ance of such system and the extension thereof from time
to time, upon the application of such persons as may desire
to become subscribers.

5. Every telephone system erected and installed under
the provisions of this Act, and all works and property re-
quired, erected or used in connection therewith, shall be
vested in the municipal corporation undertaking the work
in trust for the benefit of the subscribers.

6. All works done at any time under this Act shall be
stalling system, deemed to be works done by the municipal corporation, and

" Subscribers''
meaning of.

Particulars to
be stated in
petition.

By-law lor
establishing
system .

System to be
vested in cor-
poration in
trust for sub-
scribers.

1906

MUNICIPAL TELEPHONE SYSTEMS

Chap. 41

377

in carrying out the same, and in the management, mainten-
ance, control and extension of any telephone system in-
stalled under this Act, the municipal corporation undertak-
ing the same shall have and may exercise all or any of the
powers conferred upon corporations of counties, cities and
towns by sections 571, 572 and 573 of The Consolidated
Municipal Act, 1903, and the said sections shall apply to
any municipal corporation installing a telephone system
under this Act.

7. The cost of constructing, erecting, installing and main- l^ction^d
taining any telephone system under this Act shall be de- maintenance,
frayed by the subscribers thereto in such proportion as they
may agree upon among themselves, or, in default of agree-
ment, or to the extent of any default in payment of the
amounts agreed upon, such cost shall be defrayed by special
rate to be levied upon the subscribers, or such of them as
may be in default, and any such rate may be collected by
action as an ordinary debt against the persons liable there-
for, or may be added to the collector's roll as taxes due
from any person in default, and may be collected in the
same manner as other taxes.

8. The council of any municipality installing a telephone works in an-
system under this Act may, with the consent of the council p^ftrymunici'
of any adjoining municipality,- from time to time, extend

such system into such adjoining municipality, and erect

the poles and wires of such system along the highways

thereof and upon or over private property, and may, from

time to time, enter into agreements for the connection of

such telephone system with any other telephone system wmfothe"

owned or controlled by any individual or any company or systems-

a municipal corporation, or may, with the consent of

the subscribers, acquire by purchase or otherwise upon

such terms as may be agreed upon, any existing telephone

system operating in the municipality or any portion of

the plant and appliances thereof

9. Any municipal corporation may agree with any per- Establishment
son for the establishment of the exchange or switchboard of of exchanses
a telephone system installed under this Act in any suitable
building owned or occupied by such person, and for the
operation of such exchange or switchboard by such person

and may embody the terms of such agreement in the by-
law establishing such telephone system.

10. The Ontario Railway and Municipal Board may, Fixing Govem-
from time to time, fix the standard requirements of any fSrnsy'stemdard
telephone system to be installed under this Act, and the
erection and construction of such system, and the instru-
ments and appliances to be used in connection therewith,

shall at all times conform to such requirements.

CHAPTER

378

Chap. 42. EXEMPTION WOODLANDS from taxation. 6 Edw. VII

CHAPTER 42.

An Act providing" for the Exemption of "Wood-
lands" from Taxation.

Assented to 14th May, 1906.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

exempting ^' ^e council of any township may by by-law exempt in
woodlands. whole or in part from municipal taxation, including school
rates, lands in the township being "woodlands" within the
meaning of this Act. Provided that such by-law shall not
exempt more than one acre in ten of such "woodlands,"
and not more than twenty-five acres held under a single
ownership.

w^at0toabneds''' 2 "Woodlands" within the meaning of this Act shall be
included in. lands having not less than 400 trees per acre of all sizes,
or 300 trees, measuring over 2 inches in diameter, or 200,
measuring over 5 inches in diameter, or 100, measuring
over 8 inches in diameter (all such measurements to be
taken at 4J feet from the ground) of one or more of the
following kinds : White or Norway pine, white or Norway
spruce, hemlock, tamarac, oak, ash, elm, hickory, basswood,
tulip, (white-wood), black cherry, walnut, butternut, ches-
nut, hard maple, soft maple, cedar, sycamore, beech, black
locust, or catalpa, or any other variety which the council
may name in such by-law ; and which said lands have been
set. apart by the owner for the sole purpose of fostering the
growth of the trees thereon and which are not used for
grazing live stock.

Application for 3 "Woodland owners desiring to secure exemption from
taxation under this Act shall make application in writing
to the clerk of the township on or before the first day of
February of the year in which they desire that the exemp-
tion shall take effect.

by aSessor'0" ^* ^Pon such application being made by the owners of
said Woodlands, it shall be the duty of the township

assessor

1906. EXEMPTION WOODLANDS FROM TAXATION. Chap. 42 379

assessor to personally examine such, "woodlands" to deter-
mine whether they come within the meaning of this Act,
and the said assessor may, if he deem it necessary, demand
from the applicant or his agent, that such owner or his
agent make a statutory declaration, setting forth that the
said lands fulfil the requirements under this Act, and the
said assessor shall make returns to the clerk of the town-
ship of any such lands entitled to exemption for the current
year, and shall give in said returns the name of the owner,
the area entitled to exemption, and the year in which the *»
exemption shall first go into effect.

5. If at any time after the granting of any exemption Exemption to
under this Act, it appears to the council that the exempted lands used for
lands or part thereof have been used for grazing live stock, other PurP°ses
or are not "woodlands" as defined in this Act, the council

shall direct that the exemption shall cease forthwith, and
may direct the clerk of the township to enter, and the clerk
shall enter, such lands or part thereof on the next collect-
or's roll whether for non-resident or resident owners, as
the case may require, for the full amount of all taxes
remitted during the five years immediately preceding the
date on which the council shall direct that the exemption
shall cease.

6. Any assessor who shall knowingly and wilfully make Penalty for
fraudulent returns respecting any such lands, or any owner rau

or agent who shall knowingly and wilfully make a fraudu-
lent declaration respecting such lands, or a fradulent appli-
cation to have the same made exempt under this Act, shall
in addition to any other punishment provided by law, be
liable to a fine of not more than $300, or imprisonment for
not more than six months, or either or both, at the discre-
tion of the court, and proceedings may be taken to recover
any such penalty under The Ontario Summary Convictions
Act.

CHAPTER

380

Chap. 43. IMPKOVEMENT OF PUBLIC HIGHWAYS. 6 Ed\V. VII.

CHAPTEE 43.

An Act to amend The Act for the Improvement of
Public Highways.

Assented to 27th April,- 1906.

TTIS MAJESTY, by and with the advice and consent
of the Legislative Assembly - of the Province of
Ontario, enacts as follows: —

clfl^ub' Subsection 1 of section 2 of the Act passed in the

amended. ' first year of His Majesty's reign, Chapter 32, as amended
by section 5 of the Act passed in the 5th year of His
Majesty's reign, Chapter 27, is further amended by striking
out the words, "the first day of January, 1907," and insert-
ing in lieu thereof the words "the first day of January,
1909."

1 Edw. VII,
c. 32, s. 6a,
repealed .

2. Section 6a of the said Act passed in the first year
of His Majesty's reign as enacted by section 1 of the said
Act passed in the 5th year of His Majesty's reign, and
section 8 of the said first mentioned Act are repealed and
the following substituted therefor: —

Payments out
of appropria-
tion— when to
be made.

8. — (1) Upon the completion of any work of road
improvement in pursuance of a by-law approved by the
Lieutenant-Governor in Council under this Act or at any
time during the progress of such work, the council of the
municipal corporation of the county undertaking such
work may submit to the Department of Public Works a
statement setting forth the cost of such work to date
together with the declaration of the treasurer of such
county that such statement is correct and also the report
of the county engineer or road superintendent that such
work is in accordance with the regulations of the Public
"Works Department, and on the receipt of such statement
and certificate by the Provincial Treasurer, certified and
approved by the proper officer of the Public "Works Depart-
ment, the Lieutenant-Governor in Council may direct the
payment to such municipal corporation out of the fund set
apart under this Act of a sum equal to one-third of the
amount of such cost.

(2)

1906 IMPROVEMENT OF PUBLIC HIGHWAYS. Chap. 43.

381

(2) This section shall be read and construed as having commence-
been in force on and from the 1st day of January, 1905. ment of section

3. The said Act passed in the 1st year of His Majesty's lc ™
reign is further amended by adding thereto the following
section :

8a. The council of any union of counties which has work in united

• • counties

passed a by-law under this Act designating the roads to
be improved within the united counties after such by-law
has been approved by the Lieutenant-Governor in Council
may with the consent of two-thirds of the representatives n,
of any county in the union by by-law apportion the amount
to be expended in any year in such county and may pro-
vide that the amount so to be expended shall be raised
by special rate upon the property liable to taxation
in such county, or with the like consent the council of
the united counties may by by-law provide for the issue of
debentures for the amount to be expended and may declare
that such debentures shall be a charge upon the property
liable to taxation in such county, and that the amount
required to be raised annually for principal and interest
of any debt so created shall be levied and collected in each
year during the currency of the said debentures by an
annual special rate upon the property liable to taxation
in such county.

CHAPTER

382

Chap. 44.

TOLL ROADS EXPROPRIATION.

6 Edw. VII.

CHAPTER 44.

An Act to amend The Toll Roads Expropriation

Act, 1901.

Assented to 14th May, 1906.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows :

1. Section 4 of The Toll Roads Expropriation Act, 1901,
as enacted by section 1 of the Acts passed ia the second
year of His Majesty's reign, Chaptered 35, is amended by
adding thereto the following as subsection (2a) :

Arbitration be- (2a) Where the initiating county and such city or sep-
and^ity0",.1115' arated town have heretofore agreed upon or settled or here-
separate town, after shall agree upon or settle the amount (if any) to be
contributed by such city or separated town to the initiat-
ing county, the member of the council or other officer
appointed by the county to name an arbitrator on
its behalf under the authority of this Act, shall
have power to appoint such arbitrator and any ap-
pointment of an arbitrator heretofore made or which
shall hereafter be made by such member or officer
is declared to be a good and valid appointment, and
the arbitrator so appointed shall have the same powers as
if he had been appointed by the nominees of the two
municipalities as aforesaid, in determining the amount to
be paid to the owner of the said road.

1 Edw. VII.,
c. 33, s. 2;

2 Edw. VII.,
c. 35, s. 1,
amended .

CHAPTER

1906.

WIDTH OF SLEIGH RUNNERS.

Chap. 45.

383

CHAPTEE 45.

An Act to regulate the Width of Sleigh Runners. ^

HIS MAJESTY, by and with the advice and consent
of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. Subsections 1, 2 and 3 of section 29 of The Statute 5 Edw. vn.,
Law Amendment Act, 1905, are repealed. subs.' I' 291

2. No by-law heretofore passed by a county council under By-laws of
the said sub-section 2 shall hereafter be of any force Or cils annulled,
effect.

Assented to 14th May, 1906.

amended .

CHAPTER

384

Chap. 46

MOTOR VEHICLES.

6 Edw. VII

CHAPTEE 46.

An Act to regulate the Speed and Operation of
Motor Vehicles on Highways.

Assented to 14th May, 1906.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

Meaning j ^ t "motor vehicle" shall be construed to include

ot motor i*i n j

vehicle. automobiles, locomobiles, and all other vehicies propetled
otherwise than by muscular power ; provided, however, that
it shall not include the cars of electric and steam railways,
and other motor vehicles running only upon rails or tracks.

Registration 2. The owner of every motor vehicle driven on streets or
toVrovmcfa? highways shall pay to the Provincial Secretary a regis-
oecretary. tration fee for such motor vehicle. The Provincial Secretary
shall issue for each motor vehicle so registered a numbered
permit stating that such motor vehicle is registered
in accordance with this section, and shall cause the
name of such owner. Jiis address and the number of his
permit, to be entered in a book to be kept for such purpose.
The Lieutenant-Governor in Council may make regula-
tions regarding renewals and transfers of such permits,
the payments of fees therefor, the amount and time of pay-
ment of such fees and the registration and operation of
motor vehicles owned by manufacturers or dealers and not
kept by such manufacturer or dealer for private use.

Number of per- 3. Every motor vehicle while being driven on streets or
posed0 on ex highways shall have attached to and exposed on the front
vehicle. an(j Dack thereof, securely fixed in a conspicuous position,
a number in plain figures not less than five inches in height,
find issued by the Provincial Secretary, being the number
of such permit. The number on the front of the said mo-
tor vehicle shall be as far forward and as high from the
ground as may be necessary to render it distinctly visible.

The

1906. motor vehicles. Chap. 46 385

The number on the back shall be placed on the centre of
the back of the body of such motor vehicle, so that the lower
edge thereof shall not be lower than the body of said motor
vehicle.

(2) No number other than that issued by the Provin-
cial Secretary shall be exposed on any part of a motor
vehicle.

4. Such numbers shall be kept free from dirt and ob-
structions of any kind, and shall be affixed so that the same *
may be at all times plainly visible.

5. — (1) Every motor vehicle shall be equipped with an Alarm beii to
alarm bell, gong, or horn, and the same shall be crossings? etc!
sounded whenever it shall be reasonably necessary

to notify pedestrians or others of the approach of
any such vehicle, and all such vehicles shall carry
in the front thereof a lighted lamp in a conspicu-
ous position, in such vehicle whenever in motion in any
street or highway, at any time after dusk and before
dawn, such lamp to display prominently upon the glass
thereof the number of the permit of the motor vehicle in
figures painted black not less than two inches in height,
such glass being ground or stippled with white paint.

Provided, however, that a motor bicycle shall have ex- proviso,
posed on the back thereof a number in plain figures three
inches in height issued by the Provincial Secretary, being
the number of the permit of said motor bicycle, and shall
from dusk to dawn carry in front thereof a lighted lamp
with the said number of the permit painted black on the
glass thereof not less than two inches in height, the said
glass being ground or stippled with white paint.

(2) Every motor vehicle shall carry a lamp so placed as
to illuminate conspicuously at all times between dusk
and dawn the number placed on the back of the body of
the said vehicle.

(3) No motor vehicle shall carry what is known to the
trade as a search light.

6. No motor vehicle shall be run upon any public high- Rate of speed,
way within any city, town or incorporated village at a

greater rate of speed than ten miles an hour, or upon any
public highway outside of any city, town or incorporated
village at a greater speed than fifteen miles per hour. Pro-
vided that the council of any city, town, township or vil- Pr0vlS0-
lage may by by-law set apart any public street or high-
way or any part thereof on which motor vehicles may be
driven*at any higher rate of speed than herein limited for
the purpose of testing the same, and may pass by-laws
25 s. for

386

Chap. 46.

MOTOR VEHICLES.

6 Edw. VII

Not to be
recklessly
driven.

for regulating and governing the use of any such, street
or highway or part thereof for the purposes aforesaid.

7. Notwithstanding the provisions of section 6 hereof,
if any person drives a motor vehicle on a public
highway recklessly or negligently or at a speed or in a
manner whch is dangerous to the public, having regard to
all the circumstances of the case including the nature,
condition and use of the highway and to the amount of
traffic which actually is at the time, or which might rea-
sonably be expected to be on the highway, that person
shall be guilty of an offence under this Act.

8. No person shall drive a motor vehicle upon any public
street, highway, road, park, parkway or driveway in a race

Not to be
driven in a
race or for a
bet on a

public street, or on a bet or wager

Intoxicated
person not
to drive.

Person in
charge of
vehicle to
use reasonable
precaution not
to Mghten
horses and to
stop on signal.

Meeting or
overtaking
horses and
vehicles.

9. No intoxicated person shall drive a motor vehicle.

10. Every person having control or charge of a motor
vehicle shall, whenever upon any public street or highway
and approaching any vehicle drawn by horse or horses,
or any horse upon which any person is riding, operate,
manage and control such motor vehicle in such manner as
to exercise every reasonable precaution to prevent the
frightening of any such horse or horses, and to insure the
safety and protection of any person riding or driving the
same, and outside the limits of any city or town
shall not approach such horse or horses within one
hundred yards, or pass the same going in the opposite
direction at a greater speed than seven miles per hour, and
if going in the same direction shall signal his desire to pass
and give the rider or driver an opportunity to turn out so
that he may be passed with safety, and if any such horse
or horses appear frightened he shall reduce its speed, and
shall not proceed further toward such animal or animals
unless such movement be necessary to avoid accident or in-
jury, or until such animal or animals are under the control
of the rider or driver, and if he approach any such
person riding or driving any animal or horse upon any
public highway outside of the limits of any city or town
he shall also stop any such motor vehicle when signalled
by such rider or driver so to do by raising his hand, or
otherwise requested, and shall remain stationary so long
as may be necessary to allow such rider or driver to pass,
or until directed by such rider or driver to proceed ; and
in case any animal ridden or driven by such rider or
driver appears to be frightened the operator of such
motor vehicle, and any occupants of the same, shall upon
request render assistance to such rider or driver in control
of such animal or animals.

25a s. It.

1906.

MOTOR VEHICLES.

Chap. 46 387

11. In case an accident occurs to any person, whether Liability for
on foot or horseback, or in a vehicle,, or to any horse or acc!dents-
vehicle in charge of any person, owing to the presence of

any motor vehicle on any public highway, the person in
charge of such motor vehicle shall return to the scene
of the accident and, upon request, give in writing to any
one demanding the same his name and address, and also
the name and address of the owner of such motor vehicle,
and the number of the permit of the said motor vehicle.

12. The Act to regulate Travelling on Public Highways Rey _.gtat> cap.
and Bridges shall, mutatis mutandis, apply to motor ve- l^f^e
hides. ^ Motor

Vehicles.

13. The owner of a motor vehicle for which a permit Motor owner
is issued under the provisions of this Act shall be held resP°nsible-
responsible for any violation of the Act or of any regula-
tion provided by order of the Lieutenant-Governor in Coun-
cil.

14. Every motor vehicle shall be provided with a lock, Motors t0 be
key or other device to prevent such vehicle being set in mo- locked when
tion, and no vehicle shall be permitted to stand or remain unnsed-
unattended in any shed, highway, park or other public place
without first locking or making fast the vehicle.

15. No provision in any by-law heretofore or hereafter Rev. stat,
passed under paragraph 7 of section 540 of The Municipal par2Jrasph547°
Act inconsistent with the provisions of this Act shall affect

not to apply .

or apply to motor vehicles.

16. The Provincial Secretary may at any time suspend or Provincial
revoke any permit on account of any misconduct or infrac- secretary may
tion of the provisions of this Act or regulations provided rev° 1 icense-
thereunder by any owner or driver of a motor vehicle for

which such permit is issued.

17. The Provincial Secretary shall furnish all Clerks of provincial
the Peace with copies of this Act and regulations thereunder f|^?^rcopies
for distribution to the constables of all counties and muni- of Act and lists
cipalities, and he shall also provide copies of this Act to the 0 Kenses-
clerks of municipalities, to be posted up in conspicuous

places, and shall furnish on the first days of May and Sep-
tember in each year to the clerks of all municipalities lists
of all persons to whom permits are issued.

18. When any loss or damage is incurred or sustained by in case of
any person by a motor vehicle, the onus of proof that onus cast
such loss or damage did not arise through the negligence "^"™otor

388 Chap. 46, motor vehicles. 6 Edw. VII

or improper conduct of the owner or driver of the motor
vehicle shall be upon the owner or driver of such vehicle.

19. — (1) Any person violating any of the provisions of
sections 3, 8 and 11 of this Act shall, upon summary con-
viction, for the first offence, be liable to a fine not exceed-
ing |50, for the second offence to a fine of $100, and for
the third or any subsequent offence to a term of imprison-
ment not exceeding one month.

(2) A Police Magistrate or Justice of the Peace who shall
make a conviction under this section shall certify the same
to the Provincial Secretary, setting out the name of the
person so convicted, the number of the permit of the motor
vehicle with which the offence was committed, the nature
of the offence, and the time it was committed, and, if three
such convictions are made against the same person within
a calendar year, the permit of the motor vehicle, whereby
the offence on which such third conviction was made, was
committed, shall be cancelled, and the offender shall not
be entitled to a permit under this Act for a period of two
years thereafter.

20. Any person violating any of the provisions of this
Act, or any regulations made thereunder, where penalties
for the violation thereof are not hereinbefore provided, up-
on summary conviction, shall be liable to a fine of not less
than $10 or more than $50 and costs.

Arrests>ithout 21. Every peace officer as defined by the Criminal Code
who on reasonable and probable grounds believes that an
offence against any of the provisions of sections 3, 8 and
11 of this Act has been committed, whether it has been
committed or not, and who, on reasonable and probable
grounds, believes that any person has committed that of-
fence, is justified in arresting such person without warrant,
whether such person is guilty or not.

Assisting peace 22. Every one called upon to assist a peace officer in the
arrest of a person suspected of having committed such of-
fence as last aforesaid is justified in assisting if he knows
that the person calling on him for assistance is a peace of-
ficer, and does not know that there are no reasonable grounds
for the suspicion.

Arresting with- 23. Every one is justified in arresting without warrant
v?ewoToffenc" any person whom he finds committing any offence against
sections 3, 8 and 11 of this Act for which the offender may
be arrested without warrant or may be arrested when found
committing.

24.

1906. motor vehicles. Chap. 46 389

24. Such peace officer or other person making an arrest Detaining

, vehicle when

without warrant as above provided may detain any motor arrest made,
vehicle in respect to which such offence has been committed
until the final disposition of any proceeding which may be
taken under the provisions of this Act. Provided that
such motor vehicle may be released on security being given
to the satisfaction of a Justice of the Peace.

25. Such peace officer or other person making an arrest Taking osen-
shall with reasonable diligence take any person so arrested magistrate,
without warrant before a Justice of the Peace for a war-
rant or trial.

26. — (1) The following Acts and amendments thereof are Repeal of

i -i t n former enact-

nerebv repealed: ments.

3 Edward VII., chapter 27, intituled An Act to regulate
the speed and operation of Motor Vehicles on Highways ;

5 Edward VII., chapter 28, intituled An Act to amend
the Act to regulate the speed and operation of Motor Ve-
hicles on Highways. Provided, however, that

(2) Any permit issued, Order in Council made, or any
Act or thing done under the Acts hereby repealed shall con-
tinue in force as if issued, made or done under this Act.

(3) Any penalty may be recovered and any offence may
be prosecuted under this Act for any matter or thing pro-
vided for under the Acts hereby repealed.

27. This Act shall come into force on the first day ofCominence.

July, 1906. mentofAct.

CHAPTER

390 Chap. 47.

LIQUOR LICENSE LAWS.

6 Edw. VII

CHAPTER 47.

An Act to amend The Liquor License Laws.

Assented to 27th April, 1906.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of On-
tario, enacts as follows :

INTERPRETATION .

interpretation. L — (1) Where the words following occur in this Act or
in The Liquor License Act or in the schedules thereto they
shall be construed in the manner hereinafter mentioned
unless a contrary intention appears;

"Tavern." (a) "Tavern" shall mean an hotel, inn or other public

house of entertainment kept for the purpose of providing
refreshment and accommodtion, which shall include board
and lodging, for the public.

"Keeper." (&) "Keeper" when used with respect to licensed prem-
ises shall mean and include the person to whom the license
was issued or who is the holder of the license, and where
a license is held by a firm shall mean and include the
firm and every individual member thereof, and where
the license is held by an incorporated company, shall mean
and include the company, and the manager, superinten-
dent, or other person in charge of the premises or respon-
. sible for the conduct of the business carried on therein.

"Board." (c) "Board" shall mean the Board of License Commis-

sioners appointed for any License District under the pro-
visions of The Liquor License Act.

"justice." (d) "Justice" shall mean and include any one or more

justices of the peace, and any Police Magistrate or Stipen-
diary Magistrate.

"Justices." (e) "Justices" shall mean two or more justices of the
peace sitting and acting together and shall also include a
Police Magistrate or Stipendiary Magistrate and wherever
by this Act or The Liquor License Act jurisdiction is con-
ferred

1906.

LIQUOR LICENSE LAWS.

Chap. 47 391

f erred upon two justices of the peace sitting and acting
together the same may be exercised by a Police Magistrate
or Stipendiary Magistrate having jurisdiction as such in
any part of tbe county or district for which such justices
of the peace might act.

(/) "County" shall include a union of counties and a "County."
provisional judicial district.

(g) "Licensed premises" shall mean a warehouse, tavern ^ Licenced
or shop, in respect to which a license under The Liquor ^ •'
License Act has been granted and is in force and shall
include every room, closet, cellar, yard, stable, outhouse,
shed, and any other place whatsoever, of, belonging, or in
any manner appertaining to such warehouse, tavern or
shop.

(2) — The paragraph numbered 1 in section 2 of The Li- fis.'s^pkr.'i,
quor License Act is amended by adding thereto the fol- amended,
lowing, —

"(a) Any liquor which contains more than two and ^bTaeemed
"one-half per cent, of proof spirits shall be intoxicating,
"conclusively deemed to be intoxicating."

REGULATIONS .

2. — (1) The Lieutenant-Governor in Council may from Regulations
time to time make regulations: — comidirm

1. For the appointment of permanent officers, clerks, Appointment
and servants of the License Branch at Toronto for the pur- of officers, etc.
pose of carrying out the provisions of The Liquor License

Act or of any other Act of the Province of Ontario respect-
ing licenses for the manufacture or sale of liquor or for the
regulation of the sale of liquor by wholesale or retail in
this Province;

2. For denning the duties and powers of such officers, Duties, powers

11 i i j « ■ n - ' < l • i ■ i_ » and salaries of

clerks and servants, and tor fixing the security to be iur- officers, etc,
nished by them or any of them for the due performance of
their respective duties and for fixing the salaries of such
officers, clerks and servants;

3. For providing for the employment of such special or special or
temporary officers and clerks as may from time f o time be oftk'ers'and
necessary in the opinion of the Minister for the better clerks,
enforcement of the provisions of this Act and any regula-
tions or by-laws passed thereunder;

4. For regulating the transaction of business in the busings.0" °f
License Branch and for the direction of License Inspectors

and License Commissioners in the performance of iheir
duties under this Act or The Liquor License Act, or any
regulation or by-law made or passed thereunder;

5. For providing for the inspection of License Districts License0" °f
and of the books and accounts of Inspectors and ascer- Distriets-
taining that the duties of the office of Inspector are faith-
fully and efficiently performed ;

392 Chap. 47. liquor license laws. 6 Edw. VII

in Gazette.

investigations 6. For providing for the holding of investigations into
the conduct of Inspectors and License Commissioners and
for empowering any officer or other person holding such
investigation to take evidence on oath and to summon wit-
nesses and to enforce their attendance and to compel the
production of books and documents, and for conferring
upon such officer or other person all the powers possessed

Rev. stat., c. 19. a commissioner appointed under The Act respecting
Enquiries concerning Public Matters.

befubHshed*0 (2) Every regulation made by the Lieutenant-Governor
in Council under this Act shall be published in the Ontario
Gazette and shall take effect from the date of such publica-
tion.

MEMBERS OF MUNICIPAL COUNCILS, ETC.

Licenses not 3. — (1) No tavern or shop license shall be issued to or

be issued to,-,-,, , „

members of held by any person who is a member of a municipal coun-
their'wfves, cil, nor shall any such license be issued to or transferred to
etc. or held by any person who is the wife, or partner in busi-

ness, or agent, or the son or daughter (if such so1" or daugh-
ter is resident with his or her father), of a member of the
municipal council of a municipality within the License
District in which the licensed premises or the premises for
which a license is sought, or the premises to which the
license is sought to be transferred, as the case may be, are
situate.

Licensees, (2) No person who is the manager of any company to

husbands, etc. i • i i • • • i x p -i l xi • a x

disqualified which a license is issued or transferred under this Act or
counts!0'1 l° wno is employed in any capacity in the business of any
person, firm or company holding a license under this Act,
and no person whose wife, or partner in business, or agent,
or whose son or daughter (if such son or daughter is resident
with his or her father) is the holder of a tavern or shop
license shall be qualified to be elected a member of the
council or to sit or vote in the council in any municipality
comprising or forming part of the license district in which
the licensed premises are situate, but no person shall be
disqualified or rendered ineligible to sit and vote in a muni-
cipal council by reason only of such person being a share-
holder in a company to which a license is issued or trans-
ferred under this Act.

SECURITY BY APPLICANT FOR LICENSE.

Security— by 4. — (1) In lieu of the security to be given as provided
general ' by section 17 of The Liquor License Act the Lieutenant-
vfith^lrantee Governor in Council may by Order in Council direct that
companies. an agreement may be entered into between His Majesty
and any guarantee company or other company authorized
to enter into contracts of suretyship or to issue policies
for guaranteeing the good behaviour of persons required
to furnish such security, — by which the said company may

undertake.

1906.

LIQUOR LICENSE LAWS.

Chap. 47 393

undertake, in consideration of a fixed annual payment or
otherwise, to indemnify His Majesty or any municipal
corporation against the non-payment of any fines or penal-
ties or costs which the person applying for any license or
to whom any license is transferred may be ordered to pay
during the term for which the license is granted or during
which such person is the holder of a tavern or shop
license, to the amount set out in the said agreement or in
any schedule attached thereto.

(2) It shall not be necessary that a separate agreement when liability
shall be entered into for each applicant for a license or °o atuich.ny
transferee of a license, but the agreement with such com-
pany may provide that upon notice being given in writing

by an officer of the Government of Ontario at Toronto to
the company that the company is required to furnish secur-
ity for any such applicant or transferee, and upon the
acknowledgment in writing of receipt of such notice by
the company, — the company shall become liable to the
amount set out in such notice.

(3) The amount chargeable to each applicant for such Payment of
guarantee shall be stated in the agreement and shall be j^JJj^™ by
paid by the applicant, to the Inspector before the issue of

the License, and shall be by him forthwith deposited to
the credit of the License Fund of the License District.

SALES ON VESSELS, ETC.

5. The owner, master, captain or other person in com-WnotoDe
mand or in charge of any ferry boat or any vessel na?i-?,e™^Mt„
gating any of the great lakes or the Rivers St. Lawrence of steamboat,
or Ottawa or any of the inland waters of the Province of etc'
Ontario shall be deemed to be "the occupant" of such ferry
boat or vessel within the meaning of section 112 of The
Liquor License Act and for every contravention of the
provisions of the said Act on board such ferry boat or ves-
sel shall be personally liable to the penalty and punish-
ment prescribed in the said Act in the same manner and to
the same extent as the occupant of a house, shop, room
or other place.

BAR TENDERS LICENSES.

6. — (1) The expression "bar tender" as used in this "Bar tender,-'
section shall mean and include any person who sells 0rmeanin°of-
supplies liquor in the bar-room or other place from which
liquor is dispensed to any person whomsoever in or upon
any premises in respect of which a tavern license has been
issued under The Liquor License Act. Tub^1'

(2) No keeper of a licensed tavern in any city or town or Employment
in any locality in those parts of the Province without county bartender's^
organization (called in this section a licensee) shall employ prohibited

anv

394

Chap. 47.

LIQUOR LICENSE LAWS.

6 Edw. VII

Penalty.

Acting as
bartenders
without
license.

any bar tender, or permit any person to act as such in or
upon his licensed premises, who is not, during the whole
time he is employed, or permitted so to act, the holder of
a bar tender's license, as provided by this section.

(3) Any licensee who violates the preceding sub-
section shall, for every day or portion of a day, during
which such violation continues, incur a penalty of not less
than f 10 and not more than |20 or imprisonment for a
period not exceeding one month.

(4) Any person acting as a bar tender in any city or town
or in any such locality without first having obtained a li-
cense, as in this section provided, shall be liable to the same
penalties as those prescribed in the case of a licensee, in the
next preceding subsection, and in any prosecution brought
under this subsection the onus of proving that he holds a
bar tender's license shall rest upon the defendant.

Penalty for (5) Any person having obtained a bar tender's license
iawby0Hcensed shall sell or deliver, or cause to be sold or delivered
bartender. any liqUOr in contravention of any of the provisions of this
Act, or The Liquor License Act, or of any by-law or regu-
lations made under this Act, or The Liquor License Act,
to any person whomsoever shall be liable to a penalty not
exceeding $20 or to imprisonment for one month.

(6) In addition to any other penalty which may be imposed
upon a bar tender for any offence under this Act the Board
may forthwith cancel the license of such bar tender, who
shall not thereafter be eligible to receive another license
under this Act for any purpose whatever during the cur-
rent license year and upon a conviction for a second offence
of any nature within two years the license of such bar
tender shall ipso facto become void and he shall not there-
after be eligible to hold any license under this Act for two
years.

License not to (7) No bar tender's license shall be issued to any person
minors or per- who is not of the full age of twenty-one years, and of good

sonsnotof /.lnrnntpr
good character tiididciei.

(8) No bar tender's license shall be issued to any woman.

(9) The said bar tender's license may be in the form set
out in Schedule "A" to this Act and may, subject to the
conditions in this section mentioned, be obtained at any
time on application to the Inspector, on payment therefor
of the sum of $2. Provided, however, that the Inspector
may for any cause which he may consider sufficient refuse
to issue such license, but the issue or refusal of a license
to a bar tender shall in all cases be subject to the approval
of the Board.

(a) Such license shall only be valid during the cur-
rency of the license year in which it is issued

and

Cancellation
of licenses for
offences.

Nor to a
woman.

Form of
license, fee
thereon.

Term of
license.

1906.

LIQUOR LICENSE LAWS.

Chap. 4T 395

and shall expire on the last day of the month
of April then next ensuing.
(6) All fees received for bar tenders' licenses shall be Application of
paid into the License Fund of the District in
which the same are issued.

ense district other than that in which the same inspector of
was issued, unless and until it has been endors- trict.her dls
ed by the Inspector of some other license dis- ^
trict, and such endorsement (for which no charge
shall be made) shall give validity to such li-
cense in the district in which the Inspector, who
has endorsed the same, has jurisdiction, pro-
vided such license has not been cancelled prior
to the endorsement, but such Inspector may
for any cause which he may consider sufficient
withhold such endorsement, subject to the
approval of the Board.

(d) Every Inspector who issues or endorses a bar Record of

x ' i i » t i n i n o licenses issued.

tender s license shall enter a memorandum of
the same in a book to be provided for the pur-
pose, and such entry, as well as the entry of a
memorandum that any such license has been
cancelled, shall be received in any court as
prima facie evidence, of the facts therein
stated. Instead of the iiroduetion 0f the book
containing such entry, the presiding Jus-
tice may receive a certificate of any such
entry as aforesaid, purporting to be signed by
the proper Inspector, without requiring proof
of the signature of such Inspector.

(e) Every licensed bar tender shall produce his license Production of

p j-i-jt , , T . license upon

forthwith on request, to any Inspector or request of
other official appointed by the Crown or to any InsPector-
constable or police officer; and should such
bar tender refuse or neglect to make such pro-
duction when required he shall be liable to a
penalty not exceeding $10 and costs and in
default of payment to imprisonment in the
common gaol of the county in which the of-
fence was committed for any period not exceed-
ing ten days with or without hard labour.

(10) Nothing in this section contained shall apply to persons not
or affect the sale or delivery of any liquor by the keeper of a {^e'lfcense.
licensed tavern, or by any male member of his family of the
full age of twenty-one years, other than a domestic servant
or other person in the employment of the licensee, nor
shall anything in this section contained apply to or affect
the delivery of liquor by any person in any place in a
licensed tavern other than the bar-room or place from
which liquor is dispensed.

396 Chap. 47.

LIQUOR LICENSE LAWS.

6 Edw. VII

Temporary m) Notwithstanding anything in this section contained,

employment of V. ' p j. l

unlicensed a licensee may, m a case of temporary emergency, employ
persons. ag bar-tender any male person of the full age of twenty-
one years, provided that such employment shall not be
upon more than two days, not necessarily consecutive, in
any. one calendar month.

LICENSES TO FIRMS.

Application for
firm license.

Liability of
members of
firm.

tovernor shop ^ ' — W ^ tavern or snoP license may be granted or trans-
licensesto ferred to a firm registered under The Act respecting the
partnerships. Registration of Co-partner sliips and Business Firms but
subject to the conditions and regulations in this section
and in any Order in Council respecting the granting of
such licenses set forth.

(2) The application for such license shall be signed by
the firm in the registered name of such firm and by every
person registered as a member of such firm, in his own
name, and the bond or other security to be furnished as
provided by section 17 of The Liquor License Act shall
be executed and entered into or furnished by each regis-
tered member of the firm severally.

(3) Every registered member of the firm shall be sever-
ally liable to the fines and penalties imposed by The Li-
quor License Act in the same manner and to the same
extent as if he were the holder of the license and any
prosecution for a violation of the said Act in or upon
premises tlie license for which is held by a firm may be
carried on against the individual members of the firm or
any one or more of them jointly or severally, but not more
than one of the members of the firm shall be convicted of
the same offence, and the conviction of one of them shall
be a bar to the conviction of the other or others of them.

(4) If during the term of the license any change takes
place in the firm by death, dissolution of partnership, or
the retirement of any member of the firm, the remaining
members of the firm and the legal representatives of any
such deceased member shall within one month thereafter
obtain the written consent of the Board to the continuance
of the business, and in case such consent is not obtained
or the license is not transferred as provided by section 37
of Th.e Liquor TAcense Act, such license shall be void.

Cancellation of

(5) The license granted or transferred to any firm may
firm license. reVoked or cancelled under the circumstances and in

the manner provided by section 91 of The Liquor License
Act, or by any provision of this Act, and the said section
and other provisions shall apply to firms in the same man-
ner and to the same extent as to individuals, and the con-
viction of any member of the firm shall for the purposes of
ihe said section and other provisions be deemed to have
been the conviction of the firm.

Effect of
changes in
firm.

1906.

LIQUOR LICENSE LAWS.

Chap. 47

397

LICENSES TO COMPANIES.

8. — (1) A tavern or shop license may be granted or Tavern or shop
transferred to an incorporated company, but under and companies,
subject to the conditions and regulations in this section
and in any Order in Council respecting the granting of
such licenses set forth.

(2) The application for such license shall be signed by Application
the president and secretary of the company and the cor- license1''111"' s
porate seal of the company shall be affixed thereto, and in ^

lieu of the security required by section 17 of The Liquor
License Act such security shall be furnished by the com-
pany as shall be determined by Order in Council.

(3) The company shall, before such license is issued and Manager to be
from time to time thereafter as a vacancy may occur, appoint appointed,
some person to be manager of the licensed premises and

shall file with the . Board a certificate of the appointment
of every such manager under the hands of the president
and secretary and the corporate seal of the company.

(4) Everv manager of an incorporated company holding Duties and

i i T \. n t_ -i l £ A. liabilities of

a tavern or shop license shall be responsible for the proper manager,
and lawful conduct* of the business carried on on the
licensed premises and shall perform the same duties and
be liable to the same fines and penalties for any violation
of Hie Liquor License Act or any regulation or by-law
made or passed thereunder, and shall give the same se-
curity as if the license for such premises had been issued
to him in his own name.

(5) Every incorporated company holding a license under Liability of
The Liquor License Act shall be liable to the same fines company-
for any violation of the said Act or of any regulation or by-
law made or passed thereunder as any other holder of a
license and such penalties with full costs of suit may be
recovered by the Inspector by an action brought in the name

of the Inspector in any court of con^petent jurisdiction, and
every such action shall be tried by a judge without a jury.

(6) No such action shall be a bar to or be barred by Action against
any prosecution which may be brought against the man- to interfere
ager of the company or any other person under the said uon'oIrroseoU'

Act. manager.

(7) The license granted to any company may be revoked Revocation
or cancelled under the circumstances and in the manner tion of "com-11
provided by section 91 of The Liquor License Act, or any pany's Hcense-
provision of this Act, and the said section and other pro-
visions shall apply to companies in the same manner and

to the same extent as to individuals, and the conviction of
the manager of the company for the time being shall for
the purposes of the said section and other provisions be
deemed to have been the conviction of the company.

DETERMINING

398 Chap. 47. liquor license laws. 6 Edw. VII

DETERMINING POPULATION FOR PURPOSES OF ACT.

Population to 9. — (1) Whenever in this Act or in The Liquor License

be ascertained \ . \ • i • ,i i _£j.i i i • i>

by lastenumer- /let reference is made to the number oi the population of
assessors. any municipality the number of such population shall be

determined by the enumeration taken by the assessors at

the last preceding municipal assessment.

(2) In case of the alteration or formation of a munici-
pality subsequent to the taking of such enumeration, the
population of such municipality for the purposes of this
Act may be ascertained by reference to the enumeration
on which such municipality was so altered or formed.

?e2«Ssai9 (3) Section 19 of The Liquor- License Act is repealed.

cepealed.

(4) This section shall not come into force or take effect
until the first day of January, 1907.

LICENSE DUTIES.

Tavern and 10. — (1) The following license duties shall hereafter be
DuXspayable, payable and save as in section 11 of this Act provided shall

be in lieu of all others, Provincial or municipal, that is

to say : —

In a city having a population of more than 100,000 :

For a tavern license $1,200

For a shop license 1,000

In a city having a population of more than 30,000
and not more than 100,000 :

For a tavern license $700

For a shop license 700

In a city or town having a population of more than
10,000 and not more than 30,000 :

For a tavern license $500

For a shop license 500

In a city having a population of 10,000 or less and in
a town having a population of more than 5,000 and not
more than 10,000 :

For a tavern license $450

For a shop license 450

In a town or incorporated village having a population of
more than 2,000 and not more than 5,000 :

For a tavern license $350

For a shop license 350

In a town or incorporated village having a population of
2,000 or less :

For a tavern license .-....$250

For a shop license 270

In a township :

For a tavern license $120

For a shop license 200

Provided

1906

LIQUOR LICENSE LAWS.

Chap. 47 399

Provided that in any locality in a Provisional Judicial
District other than an incorporated city, town or village
there shall be payable :

For a tavern license |120

And provided that in a city, town, village or other
municipality, or a locality without municipal organization
in a Provisional Judicial District there shall be payable :
For a shop license |500

For a beer and wine license a fee of three-fourths of that ^
imposed for a tavern license in the municipality or unor-
ganized district in which the beer and wine license is
issued.

For every transfer of a tavern or shop license a fee
amounting to one-third of the fee payable for the license
transferred.

For each wholesale license elsewhere than

in cities $250

In cities having a population of 150,000 and

upwards ;$450

In cities having a population of less than
150,000 and not less than 40,000. |400
In cities having a population of less than

40,000 |350

Provided that the Lieutenant-Governor in Council may
increase the duties payable for tavern or shop licenses in
any Provisional Judicial District or in any municipality or
locality situated therein to such an amount as may be
deemed proper, and such increase shall take effect as may
be directed by Order-in-Council or from the date of the pub-
lication thereof in the Ontario Gazette.

(2) Sections 41, 42, 43 and 44 of The Liquor License Rev. stat

c. 245 ss 41-44

Act are repealed. repealed'.

11. — (1) The council of any municipality may by by-law By-law for in-
increase the duties to be paid for tavern or shop licenses creasing<1"t,es
therein beyond the amounts hereinbefore provided, but
every such by-law shall, before the final passing thereof, be
submitted to and approved by the electors in the manner
provided by The Consolidated Municipal Act, 1903, with
respect to by-laws which before their final passing require
the assent of the electors of the municipality.

(2) Such by-law shall take effect from the passing thereof ^ ^ kebe fr ec t
unless passed later than the 1st day of March in any year,

in which case it shall come into force on the first day of
May of the next succeeding year.

(3) Any by-law so approved shall not be varied or re- By.law not t0
pealed unless the varying or repealing by-law has been in ^^p™,'^
like manner submitted to and approved of by the electors assent of

of the municipality. electors-

(4) Where the council of any municipality by by-law {^i^passed
duly passed prior to the passing of this Act has provided increasing
that license duties in excess of the amount fixed by The action fo °"

Liquor

400

Chap. 47.

LIQUOR LICENSE LAWS. 6 EDW. VII

Proviso.

Moneys pay-
able into
License Fund.

Application
and distribu-
tion of fund.

Issuing
cheques on
fund.

Liquor License Act shall be payable, and the total amount
payable for a tavern or shop license in such municipality
is by reason of such by-law increased to an amount in
excess of that fixed by section 10 of this Act, the duties
payable in such municipality shall be those fixed by sec-
tion 10 of this Act, with such an amount added thereto
as will together with the amount fixed by the said section
10 equal the amount payable at the time of the passing of
this Act in such municipality, but the whole of such
duties shall be payable into the License Fund of the Li-
cense District, and shall be dealt with and apportioned as
provided by section 12 of this Act, Provided that any
by-law heretofore passed for increasing such license duties
beyond the amount payable under The Liquor License Act
may be repealed or amended as hereinbefore provided,
but in no case shall such license duties be reduced below
the amount fixed by section 10 of this Act.

(5) Provided that in any city where an increase is by this
Act made in the fee or duty payable for a tavern or shop
license no further increase shall be made under this section
by the council of such city.

LICENSE FUND.

12. — (1) All sums received for duties on tavern and shop
licenses imposed under this Act or under any municipal
by-law passed under this Act, and for transfers thereof,
and for bar tenders' licenses in any License District, and
all sums received by the Inspector for fines and penalties
for offences committed in such district shall form the
License Fund of the License District, but such fines and
penalties, and all sums received for transfers, shall belong
to and be appropriated for the uses of the Province.

(2) So much of the License Fund as is not specially
appropriated otherwise, shall be set apart, under regula-
tions of the Lieutenant-Governor in Council, for the pay-
ment of the salary and expenses of the Inspector, and for
the expenses of the office of the Board and of officers, and
otherwise in giving effect to the provisions of this Act,
and the residue, at such times as may be prescribed by the
regulations of the Lieutenant-Governor in Council shall be
paid over, one-half, to the Treasurer of the Province to
and for the use of the Province, and one-half to the treas-
urer of the city, town, village or township municipality
in which the licensed premises are situate.

(3) Cheques upon the license fund account shall be
drawn by the Inspector, and countersigned by the chair-
man of the Board, or any two of the License Commissioners
subject to the regulations of the Lieutenant-Governor in
Council, but no cheque shall be issued upon the License
Fund until authority therefor has been given by the
License Branch.

(4.)

1906.

LIQUOB. LICENSE LAWS.

Chap. 47 401

(4) All accounts against the License Fund shall be ^dn^0ff
audited by the proper officer of the License Branch at accounts.
Toronto.

fund

(5) Section 45 of The Liquor License Act is repealed. Rev. stat.,

' * r c, 245, s. 45

repealed.

PROHIBITED SALES.

13. Sections 54, 55 and 56 of The Liquor License Act Rey. stat.. t
are repealed and the following substituted therefor: — repealed.'"54

54. Subject to the provisions hereinafter contained, sales between
in every place where intoxicating liquors are authorized Saturday and
to be sold by wholesale or retail, no sale or other y^^y11
disposal of such liquors shall take place therein, or

on the premises thereof, or out of or from the same, to
any person or persons whomsoever from or after the hour
of seven of the clock on Saturday night until six of the
clock on Monday morning thereafter, save and except in
cases where a requisition for medical purposes,
signed by a duly qualified medical practitioner, or by a
Justice of the Peace, is produced by the vendee or his
acrcnt; nor shall any such liquor, whether sold or not, be
permitted or allowed to be drunk in any such place dur-
ing the time prohibited for the sale of the same, except
by the occupant or some member of his family, or lodger
in his house.

55. No sale or other disposal of liquors shall take other pro-
place in any place where liquor is authorized to be sold by hibited sales,
wholesale or retail, or on the premises thereof, or out of

or from the same to any person whomsoever, save and ex-
cept in cases where a requisition for medical purposes,
signed by a duly qualified medical practitioner, or by a
justice of the peace is produced by the vendee or his
agent, nor shall any such liquors whether sold or not, be*
permitted or allowed to be drunk in any such place, ex-
cept by the occupant or some member of his family or
lodger in his house, during the hours and upon the days
folln-Ting, that is to say: —

(a) Between the hour in townships, villages and un- ciosing-hoursj
organized territory of ten o'clock, and in cities d"Yar(1J"ary'-^
and towns of eleven o'clock in the afternoon
of any day of the week other than Saturday
and Sunday and the hour of six o'clock in the
forenoon of the next day upon which liquor
may be lawfully sold in such place;

(6) During any day on which a poll is being held polling days,
throughout the municipality or in the elec-
toral district or ward in which such place is
situate for or at any Parliamentary election or
election of a member of the Legislative As-
sembly, or any municipal or school election,
or under any Act of the Parliament of Can-

26 S. ada

402

Chap. 47.

LIQUOR LICENSE LAWS.

6 Edw. VII

ada, or of the Legislature of Ontario or any
municipal by-law respecting the prohibiting,
restricting, regulating or affecting in any
manner the sale of liquor.
Bar-rooms to 56. — (1) The keeper of any licensed tavern in a city or
duringVroSed town shall keep the bar-room or room in which liquor is
hibned hours, trafficked in, closed as against all persons, other than those
permitted to enter the same, under clauses (a) and (b) of
this section, during the hours and on the days in which
the sale of liquor is prohibited by sections 54 and 55 of
this Act ; and any keeper of such licensed tavern who
allows or suffers any person- or persons to frequent or to
be present in such bar-room or room in which liquor is
trafficked in during the time aforesaid, shall be guilty of
an offence under this Act, unless it is established to the
satisfaction of the Police Magistrate or other Justice or
Justices before whom the prosecution is heard,

(a) That the person so found frequenting, or present in

the bar-room where liquor is trafficked in, as
aforesaid, was at the time he or she so fre-
quented or was present in such bar-room, a
member of the family or household (other than
a lodger, boarder, or guest) or a servant, or
employee of such keeper actually engaged in
necessary domestic occupation or service within
the said bar-room,

(b) Or that such person was present therein lawfully

engaged in receiving or supplying liquor which
might lawfully be sold during said prohibited
hours.

mining of (2) The word "keeper" when used in this section shall
include the nerson actually contravening the provisions
of this section, whether acting on behalf of himself or of
another or others, and the actual offender as well as the
"keeper" of the licensed tavern shall be personally liable
to the penalties and punishments which may be imposed
for the infraction or violation of this section, and at the
prosecutor's option the actual offender may be prosecuted
jointly with or separately from the keeper, but both of
them shall not be convicted of the same offence, and the
conviction of one of them shall be a bar to the conviction
of the other of them therefor.

PENALTIES AND PROSECUTIONS .

Senmg during 14. Section 73 of The Liquor License Act is repealed and
hours.1 ec the following substituted therefor: —

Between 7 p.m. 73. — (1) Offences against section 54 of this Act shall be
andS6a.mayon punishable as follows: —

Monday. ^ ror tte firgt 0ffenCe by a fine of not less than $50

and not more than $100 or imprisonment for
one month,

26a s. (b)

1906.

LIQUOR LICENSE LAWS.

Chap. 47 40:5

(b) For the second offence by a fine of not less than

$100 nor more than $200 or imprisonment for
three months,

$200 nor more than $400 or imprisonment for
five months.

(2) Offences against section 55 of this Act shall be ,At °tl"sr. un-

. ' n on lawful times.

punishable as follows: —

(a) For the first offence by a fine of not less than $40 \

nor more than $60 or imprisonment for twen-
ty days,

(b) For the second offence by a fine of not less than

$60 nor more than $100 or imprisonment for
forty days,

$100 nor more than $200 or imprisonment for
three months.

15. Where upon a prosecution of any person under this Having bar; ap-

, t . plia.ncc-s, when

Act or The Liquor License Act for the sale or keeping f or tc. be coiiciu-
sale of liquor without the license therefor by law required o7s\ie.ldence
the Justice or Justices before whom such prosecution is
brought shall find that liquor exceeding two gallons in
quantity was kept upon the premises occupied by such
person, — the keeping or having upon such premises of any
beer pump or other appliance commonly used in a bar-
room shall be conclusive evidence that such liquor was
kept upon the premises for sale.

16. In any prosecution under this Act or The Liquor ^"/^as °f
License Act, the production by the Inspector or any officer evidence,
of the Crown of a certificate signed or purporting to be

signed by the Government analyst as to the analysis of any
liquor and of an affidavit attesting the signature of such
analyst, shall be conclusive evidence of the facts stated
in such certificate.

17. — (1) Whenever a prosecution is brought against any Duty °y™\
person under this Act or The Liquor License Act for an of- second
fence of which he has been previously convicted and for0 ences-
which a different or greater penalty is imposed in the case
of a second or any subsequent offence, it shall be the duty
of the Inspector to prosecute as for a second or subsequent
offence according to the fact.

(2) Any Inspector who knowingly or wilfully violates Penalty,
the provisions of this section shall incur a penally of not

less than $20 nor more than $50.

(3) The paragraph numbered 3 in section 101 of The Li- StT's. 101! par.
quor License Act is repealed. • 3, repealed.

18.

404

Chap. 47.

LIQUOR LICENSE LAWS. 6 EDW. YII

Protection of 18. If upon any prosecution under this Act or The Liquor
aSmnfiln^aw- License Act or any regulation or by-law made or passed
under this Act or The Liquor License Act it appears from
the evidence of any witness that such witness was unlaw-
fully present at the time or place at which the offence
was committed or did unlawfully procure or attempt to
procure liquor at such time or place the Justice or J ustices
before whom the prosecution is brought may having regard
to the demeanour of the witness and his mode of giving
evidence, by certificate in that behalf exempt such wit-
ness from prosecution for such unlawful act, but no such
exemption shall be granted to any person charged with
the unlawful keeping for sale or other disposal of liquor
nor to the keeper or occupant of premises upon which the
offence in respect of which the prosecution is brought is
alleged to have been committed.

19. Every holder of a license to sell liquor by retail,

who by himself, his servant or agent canvasses for, or
receives, or solicits orders for liquor within any muni-
cipality in which a by-law passed under section 141 of The
Liquor License Act is in force shall be guilty of an of-
fence against this Act and shall incur the penalties pro-
vided for the sale of liquor without the license therefor by
law required.

LAW ENFORCEMENT.

20. — (1) In case the Legislature shall from time to time
appropriate a sum of money to be used for the purpose of
preventing the violation of the provisions of this Act or
of The Liquor License Act or of regulations or by-laws
made or passed thereunder, the sum so appropriated shall
be set apart and be known as the Liquor Law Enforcement
Fund, and the moneys to the credit of the said fund from
time to time shall be paid out under the direction of the
Minister to such officers and persons as he may think pro-
per, to be expended in the enforcement of this Act and
77ie Liquor License Act and of such regulations and by-
laws or the detection of offences against this Act or The
Liquor License Act or any such regulation or by-law.

(2) The certificate or order of the Minister that any sum
of money is required to be paid out of the said fund shall
be sufficient authority for the issuing of a cheque by the
Provincial Treasurer for the amount named in such cer-
tificate or order, and the officer or other person to whom
such cheque is issued shall account to the Minister for
the proper disbursement of the amount received by such
officer or other person.

Rev. stat., 21. The Liquor License Act is amended by inserting
amended. therein the following section as section 127 a.

127 a.

Canvassing,
etc., by shop
licensees
prohibited.

Fund to be
used by Minis-
ter in enforc-
ing law.

1906. liquor license laws. Chap. 47 40;>

127a. The council of any municipality in which any by- ^^'"g™^'
law passed under section 141 of this Act or under any of the councils to , zz
provisions mentioned in section 142 of this Act, for pro- opUonVy'-faws.
hibiting the sale of liquors by retail, is in force, may by by-
law appoint an officer whose duty it shall be to enforce
the provisions of this Act and of any such prohibitory by-
law within the municipality, and such council may by by-
law provide for the payment of such officer or officers and
for payment of any expenses incurred in such enforcement ^
out of the general funds of the municipality and every
officer so appointed shall have within the municipality for
which he is appointed all the powers possessed by a provin-
cial officer appointed under section 127 of this Act and all
the provisions of this Act applicable to any such provincial
officer shall apply as to any officer appointed under this
section and acting within the municipality for which he is
appointed in the same manner and to the same extent as
if such municipal officer were expressly mentioned in such
provisions.

CANCELLATION OF LICENSES.

22. — (1) After three several convictions within a period of Board to^

, p pp , , • c>icir an £ cancel licenses

two years for oftences against sections 54, 55 or 5o of after three
The Liquor License Act, or section 26 of this Act or ^thin^uvo
against any section of The Liquor License Act for the con-years-
travention of which the penalty or punishment is provided
by section 72 or section 86 of the said Act whether
such convictions were for the same offence or for different
offences so long as the second of such convictions was for
an offence committed after the first of such convictions,
and the third of such convictions was for an offence com-
mitted after such second conviction the Board shall within
one month from the date of the last of such convictions or
in the event of an appeal from such conviction and the con-
firmation thereof upon such appeal then within one month
from the date of the judgment in such appeal, by reso-
lution declare that the license held by any license holder
so convicted is cancelled and revoked, and thereupon such
license shall become inoperative and void and such license
holder shall thereafter for the full period of three years
be disqualified from obtaining or holding any further or Proviso,
other license under this Act; provided that nothing in this
section contained shall affect the liability to forfeiture of
a license in any other case provided for by this Act, nor
relieve the offender from any other penalty imposed bv this
Act.

(2) In case the Board refuse or neglect to declare such Liability of
license cancelled after having been notified in writing so ""neglecting1 *
to do by the Minister or by any municipal elector of theoaot.
municipality in which the licensed premises are situate
the members of the Board shall severally be liable to a

penalty

406

Chap. 47.

LIQUOR LICENSE LAWS.

6 Edw. VII

Proviso.

Inspector to
report convic-
tions to
Board.

Penalty for
neglect to
report.

penalty of $100 which may be recovered with full costs of
suit in an action to be tried by a Judge without a jury
in any court of compete'nt jurisdiction by any person who
may sue therefor, and one-half of every penalty so re-
covered shall be paid to His Majesty for the uses of the
Province and one-half shall be paid to the person bringing
such action. Provided that no member of the Board shall
be found liable for such penalty and costs, who shows to
the court at the trial of such action that he voted for the
cancellation of such license or did all that could be done
by him to procure such cancellation.

(3) The Inspector shall report to the Board every con-
viction of a holder of a tavern or shop license for a viola-
tion of The Liquor License Act or of this Act, and in such
report shall state the section of the Act under which such
license holder was convicted and the penalty imposed, and
the Board shall cause a book to be kept in which shall be
recorded against the name of each license holder the report
of every such conviction.

(4) If the Inspector knowingly or wilfully violates the
provisions of the preceding subsection he shall incur a
penalty of not less than $50 and not more than $100 be-
sides costs.

Minister may
cancel license

(5) In case the Minister receives information that the
jn^rovisionai holder of any license for premises situated in a provi-
distncts. sional judicial district is habitually disregarding the law by

keeping such premises in an uncleanly, unsanitary or un-
suitable condition or by allowing drunken, disreputable or
disorderly persons to resort thither, or by any other viola-
tion of the provisions of The Liquor License Act or of this
Act or by supplying or allowing liquor to be supplied to
Indians contrary to any Act of the Parliament of Canada,
the Minister may detail a special officer or some officer of
the Department to enquire into the matter and upon the
report of such officer that such licensed premises are so
kept, or that it appears that habitual violations of The
Liquor License Act or of this Act or of any such Act of
the Parliament of Canada are being committed by the
license holder, the Minister may cancel the license, and
such license holder shall thereafter be disqualified for a
period of two years from receiving or holding any license
under this Act.

(6) Section 93 of The Liquor License Act is repealed.

Rev. Stat.,
c. 245, s. 93,
repealed.

LICENSES IN PROVISIONAL JUDICIAL DISTRICTS.

Minister may 23. — (1) Notwithstanding anything in The Liquor Li-

grentftgofea cense Act contained the Minister may at any time prohibit

"rovistonai gran^nf? 01 a tavern, shop or wholesale license to anv

judicial person for premises situate in a Provisional Judicial Dis-

1906.

LIQUOR LICENSE LAWS.

Chap. 47 407

trict, and it shall be the duty of every member of the
Board and of the Inspector to see that any order given by
the Minister under this section is carried out.

(2) Every License Commissioner or Inspector who issues Penalty for

issuing license

or sanctions or permits the issue of a license in contraven- after pro-
tion of any such order shall be guilty of an offence against hlbltlon-
tbis Act and shall incur the penalties provided by section Rey g
69 of The Liquor License Act. c 245.

LOCAL OPTION.

24. Subsection 2 of section 141 of The Liquor License Rev. stat.,
Act is repealed and the following substituted therefor: subs5 2.' M1,

repealed.

(2) The day fixed by the by-law for taking the votes of Local option
the electors thereon shall be the day upon which under by-law to be

/-> 7-7 7 •• 7 a -tnno ii submitted at

/ tie Consolidated Municipal Act, luDo, or any by-law municipal
passed under the said Act, a poll would be held at the e ec lon'
annual election of members of the council of the muni-
cipality.

(3) In case a petition in writing signed by at least twenty- council to
five per cent, of the total number of persons appearing by w^etitilnVf
the last revised voters' list of the municipality to be quali- ^^cent. of
tied to vote at municipal elections, is presented to the coun-
cil on or before the 1st day of November next preceding

the day upon which such poll would be held, praying for
the submission of such by-law, it shall be the duty of the
council to submit the same to a vote of the municipal
electors as aforesaid.

(4) In case three-fifths of the electors voting upon such By-iawto be
by-law approve of the same the council shall within six approved by
weeks thereafter finally pass such by-law, and this, sub- person^voting
section shall be construed as compulsory and the duty so
imposed upon the council may be enforced at the instance

of any municipal elector by mandamus or otherwise.

(5) In case such by-law does not receive the approval of when by law
at least three-fifths of the electors voting thereon the coun- "pprSoVed no
cil shall not pass the same and no by-law for the same pur- {^i0"ft"r1J*
pose shall be submitted to the municipal electors before the years,
date of polling for the third annual election of mem-
bers of the council to be held after that at which the

voting on the first mentioned by-law took place.

(6) No by-law passed under the provisions of subsec- Repeiliiug
tion 1 of this section shall be repealed by the council option
passing the same until after a by-law for that purpose has

been submitted to the electors and approved by three-fifths
of the electors voting thereon, in the same manner as the
original bj-law, on the polling day at the third or some
subsequent annual municipal election held after the pass-
ing

408

Chap. 47.

LIQUOR LICENSE LAWS.

6 Edw. VII

ing of such original by-law ; and in case such repealing
by-law is not so approved, ho other repealing by-law shall
be submitted to the electors until the polling at the third
annual municipal election thereafter. Provided that
any by-law heretofore passed under subsection 1 of this
section may be so repealed with the approval of a majority
of the electors voting upon such repeal.

to'takebeaects ^ Every by-law passed under this section shall come
into force and take effect as from the 1st day of May next
after the passing thereof.

REQUISITION BY MEDICAL PRACTITIONER OR JUSTICE OF THE

PEACE.

Requisition for
obtaining
liquor for
medical
purposes-
particulars to
be stated.

Liability for
giving
improper
requisition.

25. — (1) No holder of a tavern or shop license and no

druggist shall sell or give, or supply liquor to any person
upon the requisition of a medical practitioner or justice
of the peace unless such requisition is dated and addressed
to him by name and states the kind and quantity of liquor
and the purpose for which it is to be supplied and the name
and address of the person to whom it is to be delivered, and
if such person is not the person for whose use the liquor is
to be procured, then the name and address of such last
mentioned person.

(2) Every medical practitioner or justice of the peace
who shall give any such requisition without stating there-
in the particulars required by the preceding subsection shall
be guilty of an offence against this Act and shall incur
the penalties provided by section 74 of The Liquor
License Act.

Liability for
acting on
improper
requisition.

Requisition to
be filed and be
open to
inspection.

Rev. Stat,
c. 245, s. 74,
amended.

(3) Every bolder of a tavern or shop license and every
druggist who sells or supplies liquor to any person, upon
any such requisition in violation of sub-section 1 of this
section shall be guilty of an offence against this Act and
shall incur the same penalties as if such liquor had been
sold or supplied without the requisition of a duly quali-
fied medical practitioner or justice of the peace.

(4) Every requisition given under The Liquor License
Act by a medical practitioner or justice of the peace shall
be filed by the holder of a tavern or shop license or drug-
gist to whom the same is delivered and shall at all times
be open to inspection by the Inspector or by any Officer
appointed by the Minister wbo produces the written author-
ity of the Minister appointing him or directing such in-
spection.

(5) Section 74 of The Liquor License Act is amended
by striking out the words "from a chemist or druggist"
in the fourth line of the said section.

26.

1906.

LIQUOR LICENSE LAWS.

Chap. 47 409

FRAUD IN SALE OF LIQUOR.

26. — (1) Bottled liquors procured by the keeper of a Bottled liquors,

t j, « ,i « l • ,i , not to be mixed

licensed tavern for the purpose of supplying the same to in the bottle,
customers or guests shall be kept while on the licensed to bebren'ited0t
premises in the bottles in which such liquors are delivered b>' licensee,
to such keeper and in no case shall any other liquor or any
substance or liquid be put into any such bottle and no
bottle after being emptied of such bottled liquor shall be
refilled either partially or wholly by the keeper of such
licensed premises or any other person on his behalf for
the purpose of supplying liquor or any substance or liquid
"to any customer or guest.

(2) No holder of a tavern or shop license shall use or per- j^of false
mit to be used anv sign or label upon any bottle, cask or prohibited'.'
other vessel in which Honor is kept for sale upon the
licensed premises, which does not correctly and truly state

"the nature of the contents of such bottle, cask or other ves-
sel, or which is in any manner calculated to mislead a cus-
tomer or guest as to the nature, description or quality of
such contents.

(3) No holder of a tavern or shop license or any other Mixture of

• drugs etc

person shall for any purpose whatsoever mix or permit to with liquor
cause to be mixed with any liquor sold or supplied by him prohlblted •
on the licensed premises as a. beverage any drug or any
form of methylic alcohol or any crude unrectified or im-
pure form of ethylic alcohol or other deleterious substance
or liquid.

(4) Any person violating any of the foregoing provi- Penalties,
sions of this section shall be liable upon conviction for a

first offence to a fine of not less than $20 and not more
than $50 besides costs or to imprisonment for a period of
three months, and upon conviction for a second offence
to a fine of not less than $50 nor more than $ 100 or to im-
prisonment for a period of six months, and upon convic-
tion for a third offence to imprisonment for a period of
twelve months.

(5) The Inspector or any special officer appointed by the ^P"fs t0 see
Minister may at any time take from the liquors kept by ^atfow
the holder of a tavern or shop license upon the licensed
premises sufficient thereof for the purpose of analysis to
ascertain whether or not any of the provisions of this sec-
tion have been violated, and such special officer shall, if
required before taking such liquor, produce the authority

under which he acts in writing signed or purporting to be
signed by the Minister.

(6) Section 130 of The Liquor License Act shall apply Powers of

, inspectors.

as to every Inspector or special officer acting under the
provisions of this section.

27.

410

Chap. 47.

LIQUOR LICENSE LAWS.

6 EDW..VII

Suspension of
license when
premises
destroyed by
tire, etc.

Proviso.

Rev. Stat,
c. 245.

Clubs not to
sell without a
license.

Fee for club
license.

Liquor not to
be sold to non-
members or
minors.

Licenses not
to be granted
when sale
prohibited by
charter.

Licensees not
to enter into
contracts re-
stricting pur-
chase of
liquor.

SUSPENSION OF LICENSE IN CASE OF FIRE.

27. In case the premises for which any tavern license

has been granted are destroyed or so damaged by fire or
otherwise, that it is impossible for the holder of such license
to provide the accommodation required by The Liquor
License Act or by any by-law or regulation in force in the
municipality in which such premises are situate, the license
for such premises shall ipso facto be suspended and be of
no force or effect as to the premises so destroyed or damaged
until the Inspector ha3 reported to the Board that the
said premises have been rebuilt or repaired to the extent
necessary to provide such accommodation. Provided that
in any such case a portion of the share received by the
Province of the license fee paid by the holder of such
license may be refunded to him out of the Consolidated
Revenue Fund of the Province, but nothing herein con-
tained shall prevent the transfer or removal of such li-
cense in the manner provided by The Liquor License Act.

LICENSES TO CLUBS.

28. — (1) No liquor shall be sold or supplied by any incor-
porated society, association or club heretofore or hereafter
formed, or by any member, officer or servant thereof, to any
member of such society, association or club, or to any other
person unless and until a license for the sale of liquor by
such society, association or club has been duly issued as
hereinafter provided.

(2^ A license to be known as a "Club License" shall upon
application therefor be issued at any time by the Board
to any such society, association or club which is not by
its charter of incorporation or otherwise prohibited from
selling liquor to the members thereof, upon payment
of a fee of $50, and such license shall remain in force until
the 30th day of April then next ensuing, but the pro-
visions of this Act and The Liquor License Act, not ex-
pressly applicable to such societies, associations or clubs,
shall not apply thereto.

(3) Nothing in this Act contained shall authorize the sale
of liquor upon the premises of any such society, association
or club to any person who is not a member thereof, nor to
any person who is not of the full age of twenty-one years.

(4) No license shall be granted under this section to any
society, association or club which is prohibited by The Li-
quor License Act, or by its charter of incorporation, or
otherwise, from selling or supplying liquor to the members
thereof.

CONTRACTS.

29. — (1) No holder of a license for the sale of liquor by
retail in a tavern or shop shall hereafter, in consideration
of an advance of money or other financial assistance to
such license holder, make or enter into, directly

1906.

LIQUOR LICENSE LAWS.

Chap. 47 411

or indirectly, or be or become a party to, any con-
tract, covenant, agreement, undertaking, stipulation or bar-
gain written or verbal which has the effect of imposing or
is intended or purports to impose any restriction whatsoever
upon such license holder as to the person from whom or the
locality in which liquor shall be purchased or supplied for
sale in such tavern or shop.

(2) Every covenant, contract, agreement, undertaking, ft""ctt™cts)^".
stipulation or bargain, written or verbal, hereafter entered chase to be
into by the holder of a tavern or shop license or by any ld"
other person acting for or on his behalf with any brewer, dis-
tiller, manufacturer or wholesale merchant which has the

effect of imposing or is intended or purports to impose upon
any such license holder any restriction whatsoever as to the
person from whom or the locality in which liquor shall be
purchased or supplied for sale in any tavern or shop shall be
absolutely void and of no effect to all intents and purposes
whatsoever.

(3) Every holder of a tavern or shop license, and every Penalty,
brewer, distiller, manufacturer or wholesale merchant who
either by himself or by any person acting on his behalf
hereafter gives or enters into or demands or requires or
requests any other person to give or enter into any such
covenant, contract, agreement, undertaking, stipulation or
bargain, shall be guilty of an offence against this Act, and
shall incur a penalty of $500, besides costs.

(4) Nothing in this section contained shall in any way Certai ° con-
affect any covenant, contract, agreement, undertaking, ali'eeted.
stipulation, or bargain heretofore entered into by a license
holder or hereafter entered into by a transferee of any
license, where at the time of the passing of this Act the

then holder of the license in question was indebted to any
brewer, distiller, manufacturer, or wholesale merchant for
money advanced, and the amount of such indebtedness or
any part thereof is assumed by such transferee at the time
of the transfer of the license.

INFORMALITIES IN CONVICTIONS, ETC.

30. The Liquor License Act is amended by inserting fe^staU
therein the following section : amened.

105. — (1) No conviction or warrant enforcing the same or ^^J:™",,110*
other process or proceeding under this Act shall be held in- tain defects,
sufficient or invalid by reason of any variance between the
information or conviction, or by reason of any other defect
in form or substance, provided it can be understood from
such conviction, warrant, process or proceeding that the
same was made for an offence against some provision of this
Act, within the jurisdiction of the Justice or Justices who
made or signed the same, and provided there is evidence to
prove such offence, and no greater penalty or punishment
is imposed than is authorized by this Act.

(2)

412

Chap. 47.

LIQUOR LICENSE LAWS. 6 EDW. VII

May be
amended.

Rev. Stat,
c, 245, s. 64,
subs. 3
repealed.

Rev. Sta
c. 245, s. 34,
subs. 1
repealed.
Issue of
wholesale
lieenses.

(2) Upon any application to quash such conviction, or
warrant enforcing the same, or other process or proceed-
ing whether in appeal . or upon habeas corpus, or by way of
certiorari or otherwise, the Court or Judge to which such
appeal is made or to which such application has been made
upon habeas corpus or by way of certiorari or otherwise,
shall dispose of such appeal or application upon the merits,
notwithstanding any such variance or defect as aforesaid,
and in all cases where it appears that the merits have been
tried, and that the conviction, warrant, process or proceed-
ing is sufficient and valid under this section or otherwise,
such conviction, warrant, process or proceeding shall be
affirmed, or shall not be quashed (as the case may be), and
such Court or Judge may, in any case, amend the same if
necessary, and any conviction, warrant, process or proceed-
ing so affirmed or affirmed and amended, shall be enforced
in the same manner as convictions affirmed on appeal, and
the costs thereof shall be recoverable as if originally
awarded.

SELLING TO UNLICENSED PERSONS FOR RESALE.

31. Subsection 3 of section 64 of The Liquor License Act
is repealed.

WHOLESALE LICENSES.

32. Subsection 1 of section 34 of The Liquor License Act
is repealed, and the following substituted therefor :

_ 34._ — (1) Wholesale licenses may be issued in any muni-
cipality at any time during the year, by the Minister, upon
a written requisition therefor signed by the applicant, and
after payment to the Provincial Treasurer for the uses of
the Province of the proper duty thereon. Every such license
shall be issued in such form as the Lieutenant-Governor in
Council may direct, and may be transferred or otherwise
dealt with as may be provided by regulations of the Lieu-
tenant-Governor in Council.

Rev. Stat.
C. 245, s. 125,
repealed.

Husband,
wife, etc., may
notify sellers
©f liquor not
to furnish to
any person
addicted to
drinking.

Form of notice

PROHIBITING SALE TO INEBRIATE.

33. Section 125 of The Liquor License Act is repealed
and the following section substituted therefor :

125.— (1) The husband, wife, parent, child of twenty-
one years or upwards, brother, sister, master, guardian or
employer, of any person who has the habit of drinking li-
quor to excess — or the parent, brother or sister, of the hus-
band or wife of such person — or the guardian of anv child
or children of such person — may give notice in writing,
signed b^ him, or may require the Inspector to give notice
to any person licensed to sell, or who sells or is reputed to
sell, liquor of any kind, not to deliver liquor to the person
having such habit.

(2) The notice given under subsection 1 of this section
may be in the form or to the effect following :

NOTICE

1906. liquor license laws. Chap. 47 413

NOTICE.

Given under section 125 of The Liquor License Act.
To A. B., (Insert name of licensed dealer).

I, (Name of the person giving notice), License Inspector, (or
wife, or as the case may be of the person hereinafter named) of the
of , in the county of ,

hereby notify you not to deliver liquor to

of the of , in the County of

, being a person who has the habit of drink-
ing liquor to excess.

Take notice that in the contravention of this prohibition, or
in case you suffer or permit the said to
linger or loiter in the bar room or other place upon your pre- ^
mises in which liquor is dispensed, you will incur the penalties
provided by section 125 of The Liquor License Act.

C. D.,

(Signature of the person giving notice.)

Dated at

this . day of

A. D. 190 .

(3) The Inspector or other person giving notice under g^l^et^e%on
subsection 1 of this section shall forthwith give notice tohaviugthe
the person having such habit in the form or to the effect fngto excess!k
following :

NOTICE.

Given under section 125 of The Liquor License Act.
To E. F., (Insert name of the person having habit of drinking to
excess).

I, (Name of person giving notice), License Inspector, (or other
occupation), of the of , in the

County of , hereby notify you, that I have this

day given notice to the license holders of the license district of
>; in the County of (or
to any particular license holder or other person, naming him) not
to deliver liquor to you, you having the habit of drinking liquor
to excess.

Take notice that should you directly or indirectly purchase or
procure or attempt to purchase or procure liquor upon the pre-
mises of any of the said licenseholders (or upon the premises of
the said , naming the particular licenseholder

or other person notified) or be found lingering or loitering in or
about the bar room or other place in which liquor is dispensed,
upon such premises you will incur the penalties provided by sec-
tion 125 of The Liquor License Act.

C. D.,

(Signature of the person giving notice.)

(4) Proof of the mailing of a registered letter contain- pr00f of service
ing any notice given under this section and addressed to

the person notified at his proper post office address shall
be conclusive evidence of the service of such notice.

(5) If anv person so notified not to deliver liquor as Penalty for
aforesaid within twelve months after such notice, either Hquor after
himself, or by his clerk, servant or agent, otherwise than notlce-

in terms of a special requisition for medicinal purposes,
signed by a duly qualified medical practitioner, delivers,

414

Chap. 47.

LIQUOR LICENSE LAWS.

6 Edw. VII

Penalty for
permitting
person named
to loiter in
bar-room, etc.

Penalty for
person named
attempting to
procure or
loitering in
bar-room.

Penalty for
person with
knowledge of
notice deliver-
ing liquor to
person named.

Rev. Stat,
c. 245, s. 21,
subs. 1. cl. d,
amended.

Number of
licenses in
county towns
of 2,500 or less.

Act to be read
with Rev. Stat,
C. 245.

or in or from any building-, booth or place occupied by
him, and wherein and wherefrom any such liquor is sold,
suffers to be delivered, any such liquor to the person hav-
ing such habit, he shall incur upon conviction a penalty
not exceeding $50, and the person giving or requiring the
notice to be given may, in an action as for personal wrong
(if brought within six months thereafter, but not other-
wise) recover from the person notified such sum, not less
than $20 nor more than $500, as may be assessed by the
Court or jury as damages; and any married woman may
bring such action in her own name without authorization
by her husband ; and all damages recovered by her shall in
that case go to her separate use; and in case of the death
of either party, the action and right of action given by
this section shall survive to or against his legal represent-
atives, but the defendant shall not be liable for both pen-
alties for the same offence.

(6) If any keeper of a licensed tavern shall after service
upon him of a notice under this section suffer or permit
the person named in such notice as having the habit of
drinking liquor to excess, to loiter or linger in or about the
bar-room or other place in which liquor is dispensed, upon
the licensed premises, such keeper shall incur a penalty
of not less than $10 nor more than $20.

(7) If the person having such habit by himself or by any
other person shall within twelve months after service of
such notice, purchase or procure or attempt to purchase or
procure liquor, or shall be found lingering or loitering in
or about the bar-room or other place in which liquor is
dispensed, upon the premises of any person named or men-
tioned in such notice, he shall incur a penalty of not less
than $10 nor more than $20, or imprisonment for a period
not exceeding one month.

(8) After service of the said notice if any other person
with a knowledge of such notice gives, sells, purchases for
or on behalf of the person with regard to whom the said
notice has been served, or for his or her use any liquor,
such other person shall upon conviction incur for every
such offence a penalty of not less than $25 and not exceed-
ing $50.

NUMBER OF LICENSES IN CERTAIN COUNTY TOWNS.

34. The clause lettered "d" in subsection 1 of section 18
of The Liquor License Act is amended by adding thereto
the following proviso :

Provided that in any such county town the number of
licenses which may be issued shall not be reduced by reason
of any increase of the population of such town above the
number of 2,500.

ACT INCORPORATED WITH R.S.O. C. 245.

35. This Act shall be incorporated with and shall be
read as part of The Liquor License Act.

SCHEDULE A.

1906 LIQUOR LICENSE LAWS. Chap. 47

SCHEDULE A.

Canada.

Province of Ontario.
This is to certify that of the

having paid into the License Fund
of the statutory duty of two dollars,

is hereby authorized to act as a bar tender within the License Dis-
trict of for the current licensn
year of . subject to the provisions of the law in that behalf
This license shall expire on the last day of April next ensuing.

Dated this day of • A.D.,

License Inspector

for the 7Acense District of

CHAPTER

416

Chap. 48 MANUFACTURE OF CHEESE AND BUTTER. 6 EdW. VII

CHAPTER 48.

An Act to amend The Act to Prevent Fraud in the
Manufacture of Cheese and Butter.

Assented to 27th April, 1906.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows :

Rev. Stat.,
e. 251, s. 8,
araerded.

1. Section 8 of Chapter 251 of the Revised Statutes of
Ontario, 1897, is amended by adding the following clause :

Dairies etc., (a) No person supplying milk or cream to a cheese
in uncieanor factory or creamery shall keep his dairy, milk house, milk
unsanitary stand, or any vessels or equipment used for the storing or the
carrying of milk or cream, in an unclean or unsanitary
-condition.

condition.

cheese factor- 2. Every cheese factory and creamery manufacturing
keptecfean°and Du^er or cheese for public use or sale, and the surroundings
sanitary. of every such cheese factory and creamery shall be kept in a
clean and sanitary condition, and all the water used therein
for the manufacture of any dairy products must be clean and
pure.

Penalty. 3. The owner or manager of any cheese factory or cream-

ery refusing or neglecting to observe the provisions of the
previous section after being warned or advised by a Dairy
Inspector, shall, upon conviction thereof before any Justice or
Justices of the Peace, forfeit and pay a sum of not less than
$50 nor more than $200, together with the costs of pro-
secution, and in default of payment of such penalty and costs
shall be liable to be committed to the common gaol of the
county with hard labor for a period not exceeding six
months.

Appointment
of inspectors.

4. Upon the recommendation of the Minister of Agriculture,
the Lieutenant-Governor in Council may appoint one or more
persons as inspectors for the enforcing of the provisions of

this

1906. MANUFACTURE OF CHEESE AND BUTTER. Chap. 48 417

this Act, who shall be known as Dairy Inspectors. The
Lieutenant-Governor in Council may determine the remuner-
ation to be paid to such inspectors.

5. All dairy inspectors appointed under this Act shall have Powers of

* inspectors

free access and admission to all cheese factories and cream-
eries located within the Province and to all the lands
adjoining the same, and to the premises of all persons
supplying milk or cream to any cheese factory or
creamery, and any person refusing admission to the same *
or offering obstruction to the work of inspection shall be
subject to the penalties provided in section 9 of The Act to
prevent Fraud in the Manufacture of Cheese and Butter.

6. Every inspector appointed under this Act shall make Report of
such reports and in such form as the Minister may direct. inspector.

27 s.

CHAPTER

418

Chap. 49.

FOREST FIRES.

6 Edw. YII

CHAPTER 49.

An Act to amend The Act to preserve the Forests
from destruction by Fire.

Assented to 27th April, 1906.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

26-Vamended l.'The Act to preserve the Forests from destruction by
Fire is amended by adding thereto the following section :

LandsterForests During the construction of any railway passing

ando^tnFire ay through any °f the Public Forests whether under Timber
Rangers on" License or not, the Minister of Lands, Forests and Mines
strucSonwork. may appoint as many Fire Rangers as he may see fit, whose
duty it shall be to enforce the provisions and requirements
of this Act along and adjacent to the line of construction
of such railway, and the expenses incident to and connected
with such fire ranging shall be a debt due to the Crown
from the railway company concerned, payable upon demand
of the Minister of Lands, Forests and Mines, and may be
recovered at the suit of the Crown in any court of compe-
tent jurisdiction.

27a s.

CHAPTER

1906.

NATURAL GAS WELLS.

Chap. 50

419

CHAPTER 50.

An Act to amend The Act to Prevent the Wasting ot
Natural Gas and to provide for the Plugging of
all Abandoned Wells.

MIS MAJESTY, by and with the advice and consent
of the Legislative Assembly of the Province of

Ontario, enacts as follows: —

1. Section 2 of The Act to Prevent the Wasting of Natural Rev. stat.,
Gas and to provide for the Plugging of all Abandoned tended2
Wells, is amended hy striking out the words "round seasoned
" wooden plug, at least three feet in length, equal in diamethr
" to the diameter cf the well belnw the casing" in the seventh
eighth and ninth lines thereof, and substituting therefor the
words :

"Round plug in the form of a hollow tube of rubber not
" less than three feet in length and equal in diameter to the
" diameter of the we]l below the casing, and containing a
" tapering hard wood centre or mandrel of equal or nearly
" equal length and suitable diameter capable of being driven
" into the said plug or tube so as to wedge the same tightly
'' against the wall of the well."

Assented to 14th May, 1906.

CHAPTER

420

Chap. 51

FOUL BROOD AMONG B EES.

Edw. VII

CHAPTER 51.

An Act for the Suppression of Foul Brood among

Bees.

Assented to 14th May, 1906.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows :

short title. i This Act may be known as " The Foul Brood Act"

ofP£spectorof ^" ^e Lieutenant-Governor in Council upon the recom-
apianes. mendation of the Minister of Agriculture may from time to
time appoint one or more Inspectors of Apiaries to enforce
this Act, and the Inspector shall, if so required, produce the
certificate of his appointment on entering upon any premises
in the discharge of his duties. And the Minister shall instruct
and control each Inspector in the carrying out of the pro-
visions of this Act. The remuneration to be paid to any In-
spector under this Act shall be determined by order of the
Lieutenant-Governor in Council

Duties of 3. The Inspector shall, whenever so directed by the

inspectors. Minister of Agriculture, visit without unnecessary delay any
locality in the Province of Ontario and there examine
any apiary or apiaries to which the said Minister may
direct him, and ascertain whether or not the disease known
as " foul brood " exists in such apiary or apiaries, and
wherever the said inspector is satisfied of the existence of
foul brood in its virulent or malignant type, it shall be the
duty of the Inspector to order all colonies so affected, to-
gether with the hives occupied by them, and the contents of
such hives, and all tainted appurtenances that cannot be dis-
infected, to be immediately destroyed by fire under the per-
sonal direction and superintendence of the said Inspector ;
but where the Inspector, who shall be the sole judge thereof,
is satisfied that the disease exists, but only in milder types
and in its incipient stages, and is being or may be treated
successfully, and the Inspector has reason to believe that it

may

1D0G

FOUL BROOD AMONG BEES.

Chap. 51

421

may be entirely cured, then the Inspector may, in his dis-
cretion, omit to destroy or order the destruction of the
colonies and hives in which the disease exists.

4. The Inspector shall have full power, in his discretion, to Box-hives,
order any owner or possessor of bees dwelling in box-hives,
in apiaries where the disease exists (being mere boxes with-
out frames), to transfer such bees to movable frame hives
within a specified time, and in default of such transfer, the *
Inspector may destroy, or order the destruction of, such box
hives and the bees dwelling therein.

5. Any owner or possessor of diseased colonies of bees, or Penalty for
of any infected appliances for bee-keeping, who knowingly fnfeetedbees
sells or barters or gives away such diseased colonies or in- or applianceS'
fected appliances, shall on conviction thereof, before any
Justice of the Peace, be liable to a fine of not less than $50 or

more than $100, or to imprisonment for any term not exceed-
ing two months.

6. Any person whose bees have been destroyed or treated selling bees
for foul brood, who sells or offers for sale any bees, hives 01' nient, or ex-
appurtenances of any kind, after such destruction or treat- ed appliances
ment.and before being authorized by the Inspector so to do,

or vs • exposes in his bee-yard, or elsewhere, any infected
comb, honey, or other infected thing, or conceals the fact that
said disease exists among his bees, shall, on conviction before
a Justice of the Peace, be liable to a fine of not less than $20
and not more than $50, or to imprisonment for a term not
exceeding two months, and not less than one month.

7. Any owner or possessor of bees who refuses to allow penalty for
the Inspector to freely examine said bees, or the premises in Sspector^
which they are kept, or who refuses to destroy the in-
fected bees and appurtenances, or to permit them to be
destroyed when so directed by the Inspector, may, on the com-
plaint of the Inspector, be summoned before a Justice of the

Peace, and, on conviction, shall be liable to a fine of not less
than $25 and not more than $50 for the first offence, and not
less than $50 and not more than $100 for the second and any
subsequent offence, and the said Justice of the Peace shall
make an order directing the said owner and possessor forth-
with to carry out the directions of the Inspector.

8. Where an owner or possessor of bees disobeys the special con-
directions of the said Inspector, or offers resistance to, or sworn^n" to as-
obstruets the said Inspector, a Justice of the Peace may, upon sist inspector,
the complaint of the said Inspector, cause a sufficient number

of special constables to be sworn in, and such special con-
stables shall, under the directions of the Inspector, proceed to
the premises of such owner or possessor and assist the

Inspector

422

Chap. 51

FOUL BROOD AMONG BEES.

Edw. VII

Inspector to seize all the diseased colonies and infected appur-
tenances and barn them forthwith, and if necessary the said
Inspector or constables may arrest the said owner or possessor
and bring him before a Justice of the Peace to be dealt with
according to the provisions of the preceding section of this
Act.-

Inspector to
inform offend-
er of provi-
sions of Act.

9. Before proceeding against any person before a Justice of
the Peace, the said Inspector shall read over to such person
the provisions of this Act or shall cause a copy thereof to be
delivered to such person.

Person aware
of disease to
notify
Minister.

10. Every bee-keeper or other person who is aware of the
existence of foul brood, either in his own apiary or elsewhere,
shall immediately notify the Minister of the existence of such
disease, and in default of so doing shall on summary convictin
before a Justice of the Peace be liable to a tine of $5 and
costs.

Inspectors to
report to
Minister.

11. Each inspector shall report to the Minister as to the
inspection of any apiary in such form and manner as the
Minister may direct, and all reports shall be tiled in the
Department of Agriculture, and shall be made public as the
Minister may direct or upon order of the Legislative Assembly.

Rev. stat. 12. Chapter 283 of the Revised Statutes of Ontario, 1897,

c 283 rcpcftlco • •

* intituled An Act for the Suppression of Foul Brood among
Bees, is repealed.

CHAPTER

1906. DEPARTMENT OF education. Chap. 52 423

CHAPTEE 52.

An Act respecting the Department*of Education.

Assented to 14th May, 1906.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. This Act may be cited as The Department of Edu- short mit.
cation Act.

2. — (1) There shall continue to be a Department of Educa- Department
tion which shall consist of the Executive Council, or a com_ °ontinued0n
mittee thereof, appointed by the Lieutenant-Governor ; and

one of the said Executive Council or of such committee,
to be nominated by the Lieutenant-Governor, shall hold
the office of "Minister of Education."

(2) The Lieutenant-Governor in Council may appoint a superin-
Superintendent of Education, who shall hold office during Education,
pleasure, and who shall be paid such salary as shall be
from time to time appropriated for that purpose.

2. Subject to any statute in that behalf the Depart- JuriB(licti0I1
ment of Education shall have the management and con- of the

Department.

trol of the following, namely : Kindergartens, Public and
Separate Schools, High Schools and Collegiate Institutes,
Art Schools, Model Schools, Normal Schools, Ontario Nor-
mal College, Teachers' Institutes, Public Libraries, Con-
tinuation Classes, Technical Schools, Manual Training De-
partments, Household Science Departments, Night Schools,
School Gardens, the Brantford Institute for the Blind,
and the Belleville Institute for the Deaf and Dumb; with
power to appoint such inspectors, teachers and other offi-
cers for instruction and supervision as may be deemed ex-
pedient. The Department of Education may also appoint
a Begistrar of the Advisory Council of Education.

424

Chap. 52.

DEPARTMENT OF EDUCATION.

6 EDW. VII

Text-books
and books of
reference.

Qualification
and duties of
inspectors,
teachers, etc.

R°eX.?onTk* *• The Department of Education shall have power,
subject to the provisions of any Statute in that behalf,
to make regulations : —
classification (1) For the classification, organization, government,
mentol schools courses of study, and examination of all schools, Contin-
uation Classes, Manual Training Departments, House-
hold Science Departments, School Gardens, and Insti-
tutes hereinbefore mentioned, and for the equipment of
school-houses and the arrangement of school premises and
for determining the fees to be paid by candidates' and to
presiding officers at departmental examinations ;

(2) For the authorization of text-books for the use of
pupils and of teachers in training attending such Schools,
Continuation Classes, Departments, School Gardens, and
Institutes, and for the selection of books of reference for
the use of teachers and pupils and for the management of
public and school libraries;

(3) For determining the qualification and duties of
inspectors, examiners and teachers of such Schools, Con-
tinuation Classes, Departments, School Gardens and Insti-
tutes, and for the appointment from time to time of such
examiners as may be requisite for that purpose, and for
prescribing the duties of the presiding officers at the exam-
inations ;

(4) For the payment of the allowances of superannuated
inspectors and teachers, and the distribution of all moneys
set apart by the Legislative Assembly for educational pur-
poses, including sums appropriated for the maintenance
of cadet corps, and grants to Historical Societies and Liter-
ary and Scientific Institutions;

(5) For extending on such evidence as to efficiency as
may be deemed necessary, any certificate issued under the
authority of The Public Schools Act;

(6) For affiliating with the Ontario Normal College or
the Normal Schools, such High Schools or Collegiate Insti-.
tutes or Public Schools as may be necessary for practical -
instruction in the art of teaching;

(7) For accepting, on the recommendation of the Advis-
ory Council constituted under this Act, in lieu of the
departmental non-professional examinations, the examina-
tion of any normal school or of any university in
the British Dominions; and for accepting such evidence
of professional scholarship, training, or experience, as may
be deemed equivalent to what is prescribed for teachers'
certificates ;

(8) For setting apart a separate school in any city or
county as n model school for the training of teachers for
separate schools, and in such case, appointing a competent
person possessing the qualifications prescribed by The Pub-
lic Schools Act, to be a member of the county board of
examiners of such city or county in addition to the number
now authorized ;

(9)

Superannua-
tion—distribu
tion of legiila
tlve grant.

Extending
certificates.

Affiliating high
schools, etc.,
with normal
schools.

Accepting
examinations
of normal
schools, etc.,
in British
Dominions.

Setting apart
separate
schools for
model school
purposes.

1906.

DEPARTMENT OF EDUCATION.

Chap. 52 425

(9) For the conduct of the business of the Advisory Co^^°ff
Council of Education hereinafter mentioned, advisory

council

ADVISORY COUNCIL OF EDUCATION.

5. There shall be established an Advisory Council of £dvuojy{
Education composed of twenty members as follows : — Education

OS t it Dl lS&GU

(a) The President of the University of Toronto for the

time being, who shall be chairman ex-ojjicio of
the said council.

(b) The Superintendent of Education for Ontario who

shall, subject to the direction of the Minister of
' Education, represent such Minister on the said
council, but shall have no vote thereon.

sity of Toronto, to be elected by the Senate of
the University.

(d) Four members representing, respectively, Queen's

University, McMaster University, Ottawa Uni-
versity and The Western University, one to be
elected by the Senate of each University.

(e) Two members elected by and representing the high

school teachers of Ontario.

(/) Four members elected by and representing the pub-
lic school teachers of Ontario.

. (g) One member elected by and representing the sepa-
rate school teachers of Ontario.

(h) And two members elected by and representing the

public school inspectors of Ontario. #

(i) And two members representing the school trustees

of the Province.

6.— (1) The said Advisory Council of Education shall beT0°n£*j* tiv
a consultative committee to confer with the Minister of committee
Education on such subjects as he may submit to it from
time to time. Such subjects may include the departmen-
tal regulations affecting the courses of study and the text-
books for all classes of provincial schools, continuation
classes, manual training departments, household science
departments and school gardens, the qualifications of teach-
ers and inspectors, and the departmental examinations.

(2) The said Advisory Council shall exercise such execu- Powers of
tive powers in connection with the appointment of exam- council7
iners and associate examiners for the annual departmental
and university matriculation examinations, and the conduct

426

Chap. 52.

DEPARTMENT OE EDUCATION.

6 EDW. VII

of such examinations and the settlement of the results
thereof as may be conferred upon it by the Department of
Education and the Senate of the University of Toronto,
respectively. But if the said Council shall fail or neglect
to perform any of the duties required of it under this sub-
section, then such duties may be performed by the Depart-
ment of Education.

(3) The said Advisory Council shall also have power to
make rules and regulations for the conduct of its own
business, subject, however, to the regulations in that behalf
of the Department of Education.

dfJquaiified°"s ^° Person shall be elected or shall sit or vote as a
from being member of the Advisory Council of Education who is dir-
ectly or indirectly financially interested either as principal
or agent or otherwise in the publication, authorization or
■ale of any text-book or other book, or of any map or chart
or other apparatus for use in any of the schools, continuation
classes, departments or institutes which are under the man-
agement or control of the Department of Education, and
any member of the said Advisory Council who is or becomes
financially interested as aforesaid shall ipso facto vacate
his office.

Regulating
conduct of
business.

to°be ca'fPtdngs ^' ^e nrst meetmg 01 tne Advisory Council after
its first general election of members, and the first meeting
thereof in each year thereafter, shall be called by the Min-
ister of Education, who shall also have power to call a
special meeting of the said council at any time. Such
other meetings as may be necessary for the transaction of
the business of the said council shall be called by the chair-
man.

Qualification 9. — (1) Each representative of a university on the said
council shall be a member of the senate of such university,
and each of the other elected members of the said council
shall be a member of the electing body which he or she
represents, and shall possess the same qualifications as are
prescribed by this Act for the electors of such body.

representatives (2) At any election of a representative or representatives
of Universities. 0f a university each member of the senate thereof shall have
the right to vote. In other respects each senate shall
elect its representatives in such manner as the members
thereof deem expedient.

feaccbe°rs and (3) The representatives of the high, public and separate
inspectors. Bchool teachers, and of the public school inspectors, shall,

respectively, be elected by closed ballot, as provided in

this Act.

Triennial 10.— (1) There shall be a general election of all members

of the said council who require to be elected, in the year

1906,

1906.

DEPARTMENT OF EDUCATION.

Chap. 52

427

1900, and in every third year thereafter in accordance with
the provisions contained in this Act. Each member so
elected shall hold office for the term of three years, and
until his successor is elected, subject, however, to the pro-
visions of this Act respecting members being disqualified
or vacating their office.

(2) All retiring members of the said council, who retain Eiigibie/for
their qualification, shall be eligible for re-election. re-eiection.|

v '« -*3

11. — (1) Every teacher who holds a permanent certifi- what teachers
cate of qualification granted by the Department of Educa- may vote-
tion, and who is engaged in teaching in a school for

which such permanent certificate qualifies said teacher
when the inspector concerned makes out a list of qualified
voters of the electing body of which such teacher is a mem-
ber, as required by this Act, shall be qualified to vote at
the election of a representative or representatives of such
electing body.

(2) Every public school inspector who is in office when what inspec-
the Registrar of the Advisory Council makes out the list tors may vote,
of inspectors qualified to vote for representatives of pub-
lic school inspectors, as required by this Act, shall be
qualified to vote at any election of such representatives.

(3) No teacher or inspector shall be entitled to vote at Teacher or
any election under this Act who does not possess the quali- toTotetouniess
fication herein prescribed for such teacher or inspector. iualified-

12. The Registrar of the said Advisory Council shall per- Registrar's
form the duties required of him by this Act and such other duties-
duties as the Department of Education or the Minister of
Education may require.

One of such duties shall be to enter alphabetically in
separate registers the names with the post office addresses
of all persons belonging to each body of electors (except
University Senates) entitled to elect representatives under
this Act, one register for each of such bodies; and such
entries shall be made for each general election as soon as
possible after receipt of the respective lists of qualified
electors from the various inspectors as hereinafter provided
and shall be completed before the third Wednesday in
October of the year in which the election is held.

13. — (1) For the purpose of the elections aforesaid of Voters list»-
the representatives of the respective bodies of teachers,

the high, public and separate school inspectors on or
before the first Wednesday of October in each year in which
an election to the said council is to be held, shall respec-
tively furnish the Registrar of the said Advisory Council
a list of names of all teachers in the schools over which
they respectively have jurisdiction who are entitled to vote

under

428 Chap. 52. department of education. 6 Edw. VII

under this Act with their post office addresses as last
known. On or before the same date the Registrar of the
said Advisory Council shall prepare a list of the public
school inspectors who are entitled to vote under this Act.

(2) If in any case by reason of vacancy of office, illness,
absence or any other cause there is no inspector or Regis-
trar to furnish any of such lists the Minister of Education
may require any competent person to furnish the same.

Vacancy in
office of in-
spector or
registrar.

Nominations — (1) No teacher or inspector shall be elected to the

of candidates. 9ai<} Advisory Council who has not been nominated in
writing signed by at least six of the persons who are enti-
tled to vote under this Act as a member of the electing
body to which such teacher or inspector belongs.

Nomination (2) Every nomination paper shall contain the name and
papers. p0g^. o:mce address of each candidate nominated therein

and the post office address of each person signing such
nomination paper, and shall be delivered at the office of
the Registrar of the said Advisory Council not later than 4
o'clock in the afternoon on the first Wednesday of October
in the year in which the election is to be held and not
earlier than two weeks prior to such date. Nomination
papers received by the Registrar by post within the time
aforesaid shall be deemed to be duly delivered to him.

invalid nomi. (3) Any nomination paper which does not comply with
i papers. ^e provisions of this section shall be null and void.

Election by 15« In case the number of candidates duly nominated
acclamation. as aforesaid does not exceed the number of representatives
to be elected in any case, the person or persons so nominated
shall be deemed elected and the Registrar shall forthwith
report the result with the names and post office addresses
of the persons so elected to the Minister of Education.

Proceedings 16. — (1) When a greater number of candidates in any
tohbeentlkeen. case are duly nominated as aforesaid than the number of
representatives to be elected by any electing body, then an
election shall be held and the registrar of the said council
shall send by post on or before the third Wednesday of
October in the year in which the election is to be held a
voting paper, which may be in the form set forth in the
schedule to this Act, to each person qualified to vote at
such election together with a list giving the names and post
office addresses of all the candidates duly nominated as
aforesaid. The voting shall be limited to the candidates
named in the said list.

vote'once only (2) Each person qualified to vote as aforesaid shall be
candidate entitled to as many votes as there are members to be elected

♦ to

1906.

DEPARTMENT OF EDUCATION.

Chap. 52

429

to represent the electing body to which the voter belongs
but may not give more than one vote to any one candidate.

(3) In case a voting paper is accidentally so damaged as Damaged
to be unfit for use the person to whom it was sent by the TOting PaPer-
registrar may return it to him and obtain another to be
used in its place, but no second voting paper shall be fur-
nished to any elector unless the first one is returned dam-
aged as aforesaid.

17. — (1) The votes at an election of representatives of 1 gf^tkm t0 tn
High, Public, and Separate School teachers and Public council.
School inspectors respectively shall be given by closed
voting papers, and such voting paper shall be delivered
to the Registrar of the Council between the hours of ten
o'clock in the forenoon and four o'clock in the afternoon
of any day between the third Wednesday of October and
the first Wednesday of November, both days included, in
any year in which an election is held ; and any voting
papers received by the Registrar by post at any hour within
the dates aforesaid before four o'clock in the afternoon of
the last named day shall be deemed to be duly delivered
to him for the purpose of the election.

(2) The voting papers shall, upon the Thursday after the opening oi
first Wednesday of November, at ten o'clock in the fore- a 0 papers-
noon be opened by the Registrar with such assistance as

the Minister of Education may deem necessary in presence
of the scrutineers to be appointed as hereinafter mentioned,
who shall examine and count the votes and keep a record
thereof in proper books to be provided by the Minister of
Education. Any duly qualified candidate at the election
may be present at the opening of the voting papers. No
voting paper shall be counted which has not been furnished
by the Registrar.

(3) The Ontario Educational Association at its Easter Appointment
meeting previous to the election, or, in default, the Presi- of scrutineers-
dent of the University of Toronto, shall appoint two per-
sons, who, with a person appointed by the Minister of Edu-
cation for this purpose, shall act as scrutineers at the elec-
tions.

(4) In the event of an elector placing more names upon Wnatvoteslo
his or her voting paper than there are representatives to be counted,
be elected by the electing body to which such elector
belongs the first name or names, making the number for

whom the said elector was entitled to vote, shall be counted
and no other.

(5) In the event of an elector placing upon his voting Elector voting
paper any name or names of persons who were not quali- candidates. not
fled candidates the vote in favor of any qualified candidate

who is properly voted for shall not thereby be invalidated.

Such

430

Chap. 52.

DEPARTMENT OF EDUCATION.

6 Edw. VII

Such voting paper shall be acted upon as if the name or
names of the person or persons who were not qualified
candidates had not been placed in such voting paper.

resuiteanonof ^P011 tlie completion of the counting of the votes

and of the scrutiny, the Registrar of the Council shall
declare elected as a member or members of the Council the
candidate or the required number of candidates who have
received the highest number of votes cast by the respec-
tive bodies of electors, and shall forthwith thereafter
report the same in writing, signed by himself and by the
scrutineers, to the Minister of Education.

Equality of
votes.

(7) In case of an equality of votes for two or more
candidates which leaves the election of one or more mem-
bers of the Council undecided, then the scrutineers shall
forthwith put into a ballot box a number of similar papers
with the names of the candidates respectively having such
equality of votes written thereon, one for each candidate,
and the Registrar shall draw by chance from the ballot box
in presence of the scrutineers one or more of the papers
sufficient to make up the required number, and the per-
son or persons whose name or names are upon the papers
so drawn shall be deemed elected to the said council.

Date of

University

election.

18. Representatives of the said Universities shall be
elected on or before the first Wednesday in November of
any year in which a general election of members of said
Council is to be held under this Act, and notification of
the names of the person or persons elected shall be sent
forthwith to the Minister of Education by the Registrars
of the Universities respectively.

Default^ 19. — (1) In case default shall be made in the election of

•' a representative or of the required number of representa-
tives of any of the said Universities or of any of the re-
spective bodies authorized to elect representatives to the
said Advisory Council, at the time prescribed therefor by
this Act, the Lieutenant-Governor in Council may appoint
a member or members to fill the office or offices so left
vacant, provided, however, that every person so appoint-
ed shall be a properly qualified member of the body such
person is to represent on the said Council.

Vacancies (2) In case the office of a representative of any of the

reVres'Jntation, sai(l Universities on the said Council is vacated for any
how filled. cause before the expiration of his term of office, the Sen-
ate of such University shall elect another representative
qualified according to the provisions of this Act to fill
such vacancy as soon after such vacancy occurs as may
be convenient, and if such vacancy is not filled in manner
aforesaid within one month after it occurs the Lieuten-
ant

1906.

DEPARTMENT OF EDUCATION.

Chap. 52

4:)1

ant-Governor in Council may appoint a member of such
University to fill such vacancy.

In case any member of the said Council represent- Vacancies in

. TG PT6SGIlt&tlOM

ing the Public School Inspectors or one of the said bodies of teachers or
of teachers shall vacate his or her office from any cause horrified!
before the expiry of the term for which he or she was elec-
ted, the defeated candidate for such office who at the last
preceding election had the highest number of votes next
after the candidate or candidates elected, and who is still <
willing to accept the office, shall forthwith become a mem-
ber of the said Council in place of and for the remainder
of the unexpired term of the former representative so
vacating his office as aforesaid, and as soon as convenient
shall be notified by the Minister of Education that he has
become a member of the said Advisory Council .

If a further vacancy occurs in the representation of the
same electing body, the defeated candidate at the last
preceding election who received the second or next high-
est number of votes, and who is still willing to accept
office, shall become a member of the said Council to fill
such vacancy, and shall be notified by the Minister of
Education to that effect as hereinbefore provided.

(4) If by reason of two or more of such defeated candi- yXt'^/such
dates in either of such cases having received an equal cases,
number of votes, the question of filling any vacancy can-
not be decided in manner aforesaid, then such question

shall be decided by chance in the manner provided by
subsection 7 of section 17 of this Act.

(5) If in any such case there is no such defeated can- ma\™eTi?ed°5
didate to fill such vacancy or none still willing to accept by Lieutenant-
the office, or if for any reason a vacancy cannot be filled council
under any of the preceding provisions, then the vacancy

may be filled by the Lieutenant-Governor in Council by
the appointment to the said Advisory Council of a pro-
perly qualified member of the body to be represented.

20. Notwithstanding any of the provisions hereinafter Eie^twn^and
contained, the members of the said Advisory Council repre- of r«presenta-
senting the school trustees of the Province, shall be elected, trustees,
each for a term of three years, by the members of the
trustee section of the Ontario Educational Association at
any annual meeting thereof, and such election shall be con-
ducted in all resoects in such manner as the majority of
the members of the said trustee section shall deem expedi-
ent. Any vacancy occurring at any time in such repre-
sentation may be filled at the next annual meeting of the
said association.

The Lieutenant-Governor in Council may appoint two ^yJ^Teaea'
representatives of the said school trustees as members of the trustees,
said Advisory Council to hold office until the members of

the

432

Chap. 52.

DEPARTMENT OE EDUCATION.

6 EDW. VII

Vacating
office.

the said trustee section hold their first election, and in case
of vacancy at any time in such representation, the Lieuten-
ant-Governor in Council may appoint a member to hold
office until the said trustee section elects another repre-
sentative to fill such vacancy.

21. Any member of the Advisory Board of Education
who ceases to reside in the Province of Ontario or ceases
to possess the qualification upon which such member was
elected as required by this Act, or becomes insane or is
convicted of any felony or misdemeanor shall ipso facto
vacate his or her office.

officeof educin ^2. Notwithstanding the provisions of this Act, the
tionai council. Educational Council appointed under the provisions of
Section 6 of The Education Department Act of 1901 shall
continue in office and shall discharge the prescribed duties
connected with the annual departmental and matriculation
examinations of 1906 until all matters connected there-
with have been finally disposed of.

POWER AND DUTIES OF MINISTER OF EDUCATION.

Powere of
Minister.

Apportion-
ment of grant

23. It shall be the duty of the Minister of Education
and he shall have power :

(1) To apportion all sums of money voted by the Legis-
lative Assembly as a general grant for public and separate
schools among the several cities, towns, incorporated vil-
lages and townships, except townships in the territorial
districts, according to the population in each as compared
with the whole population of the Province, as shewn by the
last annual returns received from the municipal clerks;

special grants. (2) To apportion all sums of money voted by the Legis-
lative Assembly as a special grant for rural public and
separate schools among the several townships according
to the population of each as compared with the popula-
tion of all the townships in the Province, not including
the territorial districts, according to the last annual re-
turns received from the township clerks;

(3) To divide the total of the amounts so apportioned to
each city, town, incorporated village and township be-
tween public and separate schools according to the aver-
age number of pupils attending such schools respectively,
during the next preceding calendar year, or during the
number of months which may have elapsed from the estab-
lishment of a new public or separate school as compared
with the whole average number of pupils attending school
in the same city, town, village or township;

payment of (4) To see that the money so apportioned to the public
usurer. schools of every city, town and incorporated village is paid

Division
between pub-
lic and separ-
ate schools.

1906. DEPARTMENT OP EDUCATION. Chap. 52 433

to the treasurer thereof, and that the money so apportioned
to the public schools of each township is paid to the treas-
urer of the county in which such township is situated, on
or before the first day of July in each year, as the Lieuten-
ant-Governor in Council may direct :

(5) To direct the county inspector to distribute among Distribution
the public school sections of each township under his juris- °0 rural* public
diction, subject to the Regulations of the Department of sch00ls-
Education, all sums apportioned as aforesaid to the rural i
public schools therein, on the basis of the salaries paid to

the teachers, the character of the accommodations, and the
value of the equipment, after providing a minimum grant
for each such school which is equipped as required by the
Regulations of the Department of Education. All such
grants shall be payable by the township treasurer to the
order of the treasxirer or secretary-treasurer of the board
of trustees on the inspector's order. Notice of such dis-
tribution shall be given by the inspector to the trustees
concerned ;

(6) To distribute among the separate schools of each Distributioniiof
township, subject to the Regulations of the Department erant^to rural .
of Education, all sums apportioned as aforesaid to the schools,
rural separate schools therein, on the basis of the salaries

paid to the teachers, the character of the accommodations,
and the value of the equipment, after providing a mini-
mum grant for each such school which is equipped as
required by the Regulations of the Department of Educa-
tion; to give notice of such distribution to each separate
school board concerned and to pay to the board of each
separate school the amount apportioned thereto as afore-
said, on or before the first day of July in each year, as
the Lieutenant-Governor in Council may direct;

(7) To apportion under the provisions of such regulations Apportionment
as may be made by the Department of Education, all sums aL^tingypoor
of money voted by the Legislative Assembly for assisting rural school
public and separate school boards in poor rural districts to

pay teachers' salaries;

(8) To pay to the trustees of every rural school in the Payments to] 4
Territorial Districts out of any sums of money voted there- territorial|dis-"
for by the Legislative Assembly, at least one hundred tncts'
dollars for the full calendar year in equal half-yearly in-
stalments on the report of the Inspector that this Act and

the Regulations of the Department of Education have been
complied with ; and to direct the Inspector to distribute the
rest of the grant, if any, amongst said schools in accordance
with the regulations of the Department of Education ;

> (9) To apportion all sums of money voted by the Legisla- High school
tive Assembly for high school purposes among the several fSJ how
high schools of the Province, subject to the regulations of
the Department of Education, on the basis of the salaries
28 s- paid

434

Chap. 52.

DEPARTMENT OF EDUCATION.

6 Edw. VII

paid to teachers, the character of the accommodations,
and the value of the equipment, after providing a mini-
mum grant for each such school which is equipped in
accordance with the Regulations of the Department of Edu-
cation ; and to give notice of such apportionment to the
county clerk of each county, and to see that the same is paid
to the high school treasurer as the Lieutenant-Governor in
Council may direct;

how*pfirdnt>' Subject to the Regulations of the Department of Edu-

cation, to apportion out of any grant made by the Legisla-
tive Assembly for such purposes, all sums payable under
any statute in that behalf towards the maintenance of the
normal schools or other schools or institutes for the train-
ing of teachers, continuation classes, technical schools,
manual training departments, household science depart-
ments, school gardens, kindergartens, night schools, public
libraries, art schools, inspection of schools, the examination
of teachers, and all other incidental departmental expen-
ses; also to apportion under the provisions of such regula-
tions as may be made by Order in Council all sums of
money voted by the Legislative Assembly for aiding public
and separate school boards in rural districts to furnish cer-
tain text-books free of cost.

(11) To submit a case on any question arising under The
Public Schools Act or The High Schools Act, or under The
Separate Schools Act to any Judge of the High Court, for
his opinion and decision, or, with the consent of such
Judge, to a Divisional Court of the said High Court for
its opinion and decision;

(12) To decide upon all disputes and complaints laid
before him the settlement of which is not otherwise pro-
vided for by law, and upon all appeals made to him from
the decision of any inspector or other school officer;

(13) To appoint one or more persons, as he may deem
expedient, to inquire into and report to him upon any
school matter. Such person or persons, or any of them,
shall have power to administer oaths to witnesses, or re-
quire them to make solemn affirmation of the truth of the
matters they may be examined upon ; to suspend or can-
cel for cause any certificate of qualification granted by the
Education Department;

(14) To apply to the High Court for a writ of subpoena
ad testificandum and also duces tecum upon the proecipe of
the Minister of Education therefor, containing the names
of the witnesses intended to be summoned thereby, such
writ to be directed to each person who is required thereby
to attend and give evidence at such times, and places,
and before such person or persons as the Minister shall
appoint; and default of any person in obeying such sub-
poena shall be punishable as in any action or cause in the
said Court;

28a s. (1M

Minister may
submit quei-
tions arising
upon school
law to Hifh
Court .

Power to
settle dispute!
and com-
plaint*.

Power to
appoint com-
missioners.

Compelling
attendance of
witnesses.

1906.

DEPARTMENT OF EDUCATION.

Chap. 52 435

(15) To report annually to the Lieutenant-Governor upon Annual^
the condition of Education in Ontario, with such sugges- jfintatwof
tions for improving it as he may deem expedient.

SPECIAL PROVISION FOR 1906.

. . , ■in Apportionment

24. Notwithstanding the provisions herembetore con- ofiegiaiative
tained, all sums of money voted by the Legislative Assem- grant m 1906-
bly as a general grant for public and separate schools for i
the year 1906 shall be apportioned as if this Act had not
been passed ; all moneys voted by the Legislative Assembly
as a special grant for rural public and separate schools for
the year 1906 shall be divided among the respective town-
ships in the Province, not including the territorial districts,
in the manner set forth in subsection 2 of section 23 of this
Act; the part of such special grant which is apportioned
to each township shall be divided between public and sep-
arate schools therein in the manner set forth in subsection 3
of said section 23, and the part thereof which is appor-
tioned to the public schools of such township shall, sub-
ject to the regulations of the Education Department in
regard to union school sections composed of portions of
different townships in the same or in different counties,
be divided by the inspector equally among all the other
public schools therein, and the part thereof which is ap-
portioned to the separate schools of any township shall be
divided by the Minister of Education equally among all the
separate schools therein. In each township where there
are no separate schools the amount of such special grant
apportioned to such township for the year 1906 shall be
divided by the inspector equally among all the public
schools therein.

SUPERINTENDENT OF EDUCATION.

25. — (1) The Superintendent of Education shall, subject to Dutie^a0n£dtht
the Minister of Education and any Acts or Regulations in supennten-
that behalf, have the general supervision and direction of uon.
all classes of high, public and separate schools, the tech-
nical schools, the profesional training schools and examin-
ations for teachers of the said schools, the teachers' insti-
tutes, the art schools, the school libraries, and the inspect-
ors of the said schools, and may make recommendations to
the Minister on any matter arising out of such supervision
and direction.

(2) And the said Superintendent shall make annually to AnnUftl reP°rt-
the Minister a report on the condition and requirements of
the part of the Provincial system of Education under his
supervision and direction.

26. Except as provided in sections 3 and 4 of this Act ££££ °fM
nothing in this Act contained shall be deemed, taken or separate

construed

436

Chap. 52. DEPARTMENT OF EDUCATION. 6 EDW. VII

schools not construed as, in any manner or for any purpose, altering,
varying or affecting any power, right or authority which,
before the passing of this Act, was by law vested in or
held, had or possessed by the Minister of Education or the
Department of Education in respect either to Roman
Catholic Separate Schools or of any matter or thing what-
soever pertaining to or affecting said Separate Schools.

REGULATIONS AND ORDERS IN COUNCIL.

Regulations 27. — (1) Every Regulation or Order in Council made
council to be under this Act or under the public, separate or high schools
Legisi!fHveth0 Acta, shall be laid before the Legislative Assembly forth-
Assembiy. with if the Legislature is in session at the date of such
Regulation or Order in Council, and if the Legislature is
not in session such Regulation or Order in Council shall be
laid before the said House within the first seven days of
the session next after such Regulation or Order in Council
is made.

Legislative' by (2) In case the Legislative Assembly at the said session,
Assembly. er if the session does not continue for three weeks after the
said Regulation or Order in Council is laid before the House,
then at the ensuing session of the Legislature, disapproves
by resolution of such Regulation or Order in Council either
wholly or of any part thereof, the Regulation or Order in
Council, so far as disapproved of, shall have no effect from
the time of such resolution being passed.

COMMISSIONS OF ENQUIRY.

a^iGovemo?"" 28.— (1) When the Lieutenant-Governor in Council
in council may deems it expedient to cause inquiry to be made into or con-

order enquiry. . 1 "

cerning : —

(a) Any institution which is under the control or man-
agement of the Department of Education or any
matter pertaining thereto;

(6) School books;

commissioners. » . . . ,

case, conter upon tne commissioner or commissioners by
whom such inquiry is to be conducted, the power of sum-
moning before them any person or witnesses, and of requir-
ing them to give evidence on oath, orally or in writing (or
on solemn affirmation, if they are persons entitled to affirm
in civil matters), and to produce such documents and things
as the commissioners deem requisite to the full investiga-
tion of the matters into which they are appointed to
examine.

(2)

1906.

DEPARTMENT OF EDUCATION.

Chap. 52

437

(2) The commissioner or commissioners shall have Enforcing
the same power to enforce the attendance of witnesses and befo"eac"mmis-
to compel them to give evidence and produce documents SIoners-
and things, as is vested in any court in civil cases ; but no
person or witness shall be compelled to answer any ques-
tion, by his answer to which he might render himself liable
to a criminal prosecution.

29. The Act passed in the first year of His Majesty's l Edw.vn.,
reign, chaptered 38, is hereby repealed. c. 38 repealed

SCHEDULE.

(Section 10, (3)).

Form of Voting Paper.

Advisory Council of Education .

Election, 19

I resident at , in the County of do

hereby declare :

(1) That the signature affixed hereunto is my proper hand-
writing ;

(2) That I vote for the following person or persons as member

or members (as the case may be) of the Advisory Council of Edu-
cation viz.,

of in the County of etc. ;

(3) That I have not signed any other voting paper as High,
Public, or Separate School teacher, or Public School Inspector ;

(4) That the voting paper was executed on the day of the dat«
hereof ;

(5) That I vote in my right as High, Public, or Separate
School teacher or Public School Inspector (as the case may be) ;
and

(6) That the date and number of my permanent professional
certificate are

Witness my hand this day of . A.D. 19 .

CHAPTER

438 Chap. 53.

PUBLIC SCHOOLS.

6 Edw. VII

CHAPTER 53.

An Act to amend The Public Schools Act.

Assented to 14th May, 1906.

HIS MAJESTY, by and with the advice and consent
of the Legislative Assembly of the Province of
Ontario, enacts as follows :

iEdw. vii. 1- Paragraph 4 of section 2 of The Public Schools Act is
ainendedPar' 4 hereby amended by inserting after the word "house" in the
second line thereof the words "school garden."

l Edw. vii. 2. Section 2 of The Public Schools Act is hereby amended
amended. by adding thereto the following paragraph :

"Secretary." 11. "Secretary" or "Treasurer" shall mean Secretary-
mean1ngrof. treasurer in a school section or municipality where a sec-
retary-treasurer is elected.

1 ^rs^subs 2 ^' Subsection 2 of section 8 of the said Act is hereby
repealed. ' ' repealed and the following substituted therefor: —

Mhooisfor ^ '^^le trustees of any number of public schools, or any

continuation number of public and separate schools, not situated in a high
school district as defined by The High Schools Act, may, by
mutual agreement, determine that such continuation classes
shall be conducted in one of such schools for the benefit of
the pupils of all of them, and in such cases the trustees of
each of the said schools shall have power to provide, by addi-
tional or increased rates to be levied upon the same pro-
perty upon which the other school rates are levied, for the
maintenance of such continuation classes. The said agree-
ment shall specify the proportion of the cost of mainten-
ance to be paid by the trustees of each of said schools, or
shall provide for the settlement of the same by arbitration
or by such other method as they deem expedient.

1 Edw. vii. 4. Subsection 5 of section 8 of the said Act is hereby
subs.' 5,' 8' amended by striking out the words "at the date of this
amended. Act" in the first line thereof and substituting therefor the
words "on the 15th day of April, 1901," and by striking out

all

1906.

PUBLIC SCHOOLS.

Chap. 53. 439

all the words in the said subsection after the word "prin- Qualification*
cipal" in the fourth line thereof and substituting there- contfnuatfon
for the words "or assistant after the date when this Act classes,
takes effect shall possess the qualifications prescribed by
the Regulations of the Department of Education."

5. Subsection 6 of said section 8 is hereby amended byi^dw. vn.
adding thereto the following paragraph : — ■ araend'Jfe

"The council of two or more counties united for munici- Afpa^r0iu^1t1^nt
pal purposes may apportion the amount to be levied for be raised for.'
continuation classes so that each county forming such union c°asseTintion
shall be liable only for sums payable in respect of continu- ^ted C0UD'
ation classes within such county. Where trustees of differ-
ent schools situated in more than one of such united coun-
ties have joined together under subsection 2 for the con-
duct of continuation classes, the said council may determine
the proportion to be paid by each of such counties in respect
of such continuation classes."

6. Subsection 2 of section 9 of the said Act is hereby c.E397s.^n'
amended by striking out the word "member" in the first ^Jnded'
line thereof and substituting therefor the word "number."

7. Section 11 of the said Act is hereby repealed. L^s. li*1'

repealed.

8. Subsection 4 of section 12 of the said Act is hereby 1 Ed w. vn.
amended by adding thereto the following words: "and to subs!?,12'
furnish annually, on or before the first day of December, to amended-
the local public school inspector, information in writing of

the acreage, the assessed value, the rate for school purposes
and the school population between the ages of five and
twenty-one years of each section or part of union section
within the township."

9. Subsection 5 of section 12 of the said Act is hereby J.^^s.T"'
amended by striking out all the words after the word "shall" ^|nd'ed
in the second line, the whole of the third, fourth and fifth

lines and the first three words of the sixth line thereof, and
substituting therefor the words "call the first meeting for
the fourth Wednesday after the formation of such section,
by causing notices to be posted in three of the most public
places in the new section at least six clear days before the
date when the said meeting is to be held" and by striking
out the word "time" in the seventh line and substituting
therefor the word "hour."

10. Subsection 6 of said section 12 is hereby amended J,^,- Y21L
by striking out all the words in the second line after the subs.'
word "elected" and the first seven words of the third line amen e
and substituting therefor the words "or the first trustee in
seniority shall hold office for a term to be computed from

the date of the election until the expiration of three years

from

440

Chap. 53.

PUBLIC SCHOOLS.

6 Edw. VII

from the next date fixed by this Act for holding annual
meetings of ratepayers, the second shall hold office for one
year less and the third for two years less than the said
term, subject in all cases to the provisions of this Act
respecting trustees being disqualified or vacating their
offices."

1 Edw. VII.
c. 39, s. 14, .
subs. 4,
amended.

Chairman of
school meet-
ing,—easting
vote.

1 Edw. VII.
e. 39, s. 15,
subs. 2,
amended.

Voting at

school

meetings.

11. Subsection 4 of section 14 of the said Act is hereby
amended by striking out the last four words of the second
line, the whole of the third line and the first word of the
fourth line, and substituting therefor the following: "He
shall not vote unless there is an equality of other votes
when he shall give the casting vote".

12. Subsection 2 of section 15 of the said Act is hereby
amended by inserting after the word "names" in the fourth
line thereof the words "and residences" and by striking
out the words "with the residence of the voter" at the
end of the said subsection.

c. 39,"; is?" 13. Subsection 3 of section 15 of the said Act is hereby
repeafed. repealed and the following substituted therefor :

(3) When a poll is granted on any public school question
the secretary shall prepare or procure a poll-book with two

votesra"schooi separate columns marked respectively "for" and "against" ;

meetings. an(j shall opposite to such columns write the name and
residence of each ratepayer voting on the. said question ;
and shall record his vote by setting the figure 'V oppo-
site his name in the proper column so as to show how lie
votes on the said question.

1 Edw. VII.
c. 39, s. 15,
subs. 4,
amended.

Declaration
farmer's son
voting at
meetings.

14. The following paragraph shall be inserted immedi-
ately after the third paragraph of the declaration set forth
in subsection 4 of section 15 of the said Act and shall be
substituted for said third paragraph when a person claims
of to vote as a farmer's son : "That my father (mother, step-
father or, stepmother, as the case may be) is a supporter
of the public school in said school section No. — , and
that I have been a resident of said section for the past six
months."

1 Edw. VII
c. 39, s. 15,
subs. 7,
amended.

1 Edw. VII.
c. 39, s. 15,
subs. 8,
amended.

15. Subsection 7 of section 15 of the said Act is hereby
amended by inserting after the word "election" in the
third line thereof the words : "and of the name and address
of the chairman of the said meeting."

16. Subsection 8 of section 15 of the said Act is hereby
amended by striking out all the words between the word
"same" in the fifth line and the word "time" in the sixth
line thereof and substituting therefor the following: "and
confirm the said election or proceedings if found to be
in accordance with this Act or set aside the same if found

not

1906.

PUBLIC SCHOOLS.

Chap. 53. 441

not to be in substantial accordance therewith, and in the
latter event he shall appoint a" and by adding at the
end of the said subsection the following: "and it shall
not be incumbent upon the inspector to set aside such complaints a*

• _ . to elections

election or proceedings for want of formal compliance
with the provisions of this Act if he is satisfied that the
result of such election or proceedings has not been affected
thereby." '

17. Subsection 9 of section 15 of the said Act is hereby J /I^Y"'
amended by adding at the end thereof the words "or the subs. 9,

J ,. ° , , ,, amended.

vote or proceedings upon any school question .

18. Subsection 2 of section 18 of the said Act is hereby 39,^ is,1'
amended by inserting after the word "money" in the iast^|n^ed
line thereof the words : "in his possession, power or con-
trol."

19. Subsection 2 of section 19 of the said Act is hereby i^dw^ vii,
amended by adding thereto the following: "such request ^^2,^'
in writing or petition and the notice calling such special
meeting shall specify the objects for which such special meet?lgsPecial
meeting is to be held."

20. Section 20 of the said Act is hereby amended byiEdw.vii.
striking out all the words therein after the word "there- amended.'
by" in the fourth line thereof.

21. Subsection 1 of section 22 is hereby repealed and * *jdw. vn.
the following substituted therefor : subs.' 1,

repealed.

(1) Th ere shall be two auditors in each rural school ^U(jitors f0r
section. One shall be elected annually by the ratepayers rural school
at the annual or a special meeting and the other shall be '
appointed by the school trustees on or before the first day
of December in each year. In case an auditor dies or
refuses or is unable to act another may be elected or
appointed in his place by the same authority that elected
or appointed him. But if from any cause at any time
after the first day of December there are not two auditors,
willing, able and authorized to act, the inspector on the
written request of any two ratepayers shall appoint one
or both auditors as the case may require.

22. Subsection 1 of section 34 of the said Act is hereby 1 Edw. vn.
repealed and the following substituted therefor : — subs! i,

repealed.

34.— (1) The trustees of every rural school section, or selecting new
a majority of them, shall have power to select a new f^°{ rural
school site or to agree upon a change of school site, and
thereupon the trustees shall forthwith call a special
meeting of the ratepayers to consider the school site selected
by them; and no school site shall be adopted, or change of

school

442 Chap. 53. public schools. 6 Edw. VII

1 Edw. VII.
c. 39, s. 34,
subs. 2,
amended.

school site made, except in the manner hereinafter pro-
vided, without the consent of a majority of such special
meeting.

23. Subsection 2 of said section 34 is hereby amended by
inserting the word "school" immediately before the word
"site" in the second line thereof.

1 Edw. VII.
c. 39, s. 35,
subs 2,
amended.

1 Edw. VII.
c. 39, s. 35,
subs. 4,
amended.

24. Subsection 2 of section 35 of the said Act is hereby
amended by inserting after the word "site" in the fifth line
thereof the words "or required for the enlargement of the
school premises."

25. Subsection 4 of said section 35 is hereby amended by
inserting after the word "site" in the fifth line thereof the
words "or for the enlargement thereof."

1 Edw. VII.
c. 39, s. 36,
subs. 1,
amended.

26. Subsection 1 of section 36 of the said Act is hereby
amended by inserting after the word "site" in the first line
thereof the words "or for land required for the enlargement
of school premises" and by adding at the end thereof the
following : "and showing that the amount of the damages
has been paid or tendered as provided in the preceding sec-
tion."

1 Edw. VII.
e. 39, s. 37,
subs. 1,
amended.

27. Subsection 1 of section 37 of the said Act is hereby
amended by striking out the word "the" in the second line
thereof and substituting therefor the word "any" and by
striking out all the words after the word "house" in the
third line thereof and substituting therefor the words "with-
out the consent of the owner thereof."

1 Edw. VII.
c. S9, s. 88,
amended.

28. Section 38 of the said Act is hereby amended by
striking out all the words after "shall" in the fourth
line, and the whole of the fifth and sixth lines thereof
and substituing therefor the words "approach within one
hundred yards of or include any garden, orchard, pleas-
ure ground, or dwelling house without the consent of the
owner thereof."

LaM,1" . 29 Section 45 of the said Act is hereby amended by add-
amend'ed.' ing thereto the following subsections : —

School sections
and union
sections
confirmed.

(2) Whenever a school section or a union school section
has existed in fact for three months and upwards, and
whether the same has been formed in accordance with the
provisions of the law in -that behalf or not, it shall be
deemed to have been legally formed and shall continue to
exist, subject, however, to the provisions of this Act as
far as applicable, as if such section had been formed
thereunder, unless, in the meantime, proceedings have
been taken calling in question the legal status of such sec-
tion

1906.

PUBLIC SCHOOLS.

Chap. 53. 443

tion and notice thereof has been given to the persons who
ought, according to the practice of the Court in which the
proceedings are taken, to be served with notice thereof,
and such proceedings shall result in its being determined
that such section has not been legally formed.

(3) No proceeding in or in relation to the formation, f^j^^u
alteration or dissolution of a rural school section or a union etc., validated
school section and no arbitration or award in reference

thereto or as to any matter which by the provisions of this
Act are to be or may be determined by arbitration shall
be deemed to be invalid or shall be set aside because of
the failure to comply with the provisions of this Act ap-
plicable to such proceeding, arbitration or award unless in
the opinion of the tribunal before which such proceeding,
arbitration or award is called in question the same, if
allowed to stand, will cause substantial injustice to be
done to the persons affected thereby or some of them.

(4) Should any question arise touching the validity of o"CounCty°or
the proceedings in or in relation to the formation, altera- district judge,
tion or dissolution of any rural school section or union

school section, or touching the selection, adoption or
change of a school site, or touching any by-law of the
council of any municipal corporation in any way relating
to the said matters or any or either of them
or touching any arbitration or award heretofore
or hereafter had or made under the provisions
or authority of this Act, the same shall not be
raised or determined by action or proceeding in the
High Court of Justice for Ontario, but shall be raised,
heard and determined upon a summary application to the
judge of the county or district court of the county or dis-
trict in which such school section or some part thereof is
situate, and the decision of such judge shall be final and
conclusive, unless special leave to appeal therefrom shall
be given by the High Court or a judge thereof, and if
such leave be given an appeal shall lie to the High Court
upon questions of law only, upon and subject to such terms
and conditions as the court or judge giving the leave shall
prescribe.

30. Section 48 of the said Act is hereby amended hyiEdw.yii.
striking out the figures "43" in the 14th line thereof and amended.'
substituting therefor the figures "46."

31 . Subsection 1 of section 58 is hereby amended by i Edw. vn.
striking out the words "after the first election of trustees" subs.' i,

in the third line thereof and substituting therefor the amen e
words: "except as hereinafter provided."

32. Subsection 2 of section 58 of the said Act is hereby * f 9dws; un-
amended by striking1 out the words "one of the trustees in subs. 2,

•> ° , amended.

each

444

Chap. 53.

PUBLIC SCHOOLS.

6 Edw. VII

each ward" in the first line thereof and substituting therefor
the words "After the first election of trustees in any ward
or when from any cause the two trustees in any ward are
elected simultaneously, one of them" and by striking out
all the words of said subsection after the word "retire" in
the sixth line thereof and substituting therefor the words :
"After such first or simultaneous election one trustee shall
be elected annually for each ward."

isaw.vH. 33.— (1) Subsection 1 of section 59 of the said Act is

c. 39 s. 59

siibs.' i, ' hereby amended by striking out the words "after the first
election of trustees" in the second and third lines thereof,
and substituting therefor the words, "except as hereinafter
provided."

c 39^' 591' (2) Subsection 2 of section 59 of the said Act is hereby
subs! 2, ' amended by striking out the first four words thereof and
substituting therefor the following: "After the first elec-
tion of trustees in any such incorporated village three of
them" and by striking out the word "which" in the 6th
line thereof and substituting therefor the Avords "such
first election."

i Edw. vii. 34. Subsection 6 of section 60 of the said Act is hereby
subs.' 6, 6°' amended by inserting after the word "names" in the 7th
amended. j-ne thereof the words "and residences" and by striking
out the last six words of the said subsection.

1 Edw. VII.
c

^."amended. 35. The Public Schools Act is hereby amended by insert-
ing therein immendiately after section 60 thereof the fol-
lowing as section 60a :

emptedfrom ^®a- ^-nJ Person exempted by the trustees of any school
not°tovoteS section from the payment of school rates wholly or in part
on account of indigence shall thereby be deprived of the
right to vote at any election of trustees or any meeting
of ratepayers so long as such exemption shall continue."

c.^9,Ws. 65,1' 36. Paragraph 5 of section 65 of the said Act is hereby
amended amended by inserting after the word "assistants" in the
fifth line thereof the words "to maintain each school during
the whole period of each school year except in cases where
it is otherwise provided under this Act."

c.^9Ws'651- 37- Subsection 7 of the said section 65 is hereby repealed
subs.' 7, ' and the following substituted therefor :

repealed.

Trustees pur- "O) purchase, in case they deem it expedient, for
booksnfndh°01 tlie use of PuPils attending school, text-books and other
supplies. school supplies; and, at their discretion, either to furnish
the same to the pupils free of charge or to collect for the
use thereof from the respective parents or guardians of
the pupils a sum not exceeding twenty cents per month
per pupil to defray the cost thereof."

38.

1906.

PUBLIC SCHOOLS.

Chap. 53.

445

38. Section 68 of the said Act is hereby repealed and the lEdw.'vn.
following substituted therefor : —

repealed.

68.— (1) The school board or board of education of every Expropriating

. • • T i i n i • l „ land for school

urban municipality snail nave power to acquire anu expro

purposes.

priate any land required by them to be used for a school
site, or for the enlargement of or an addition to, any exist-
ing school site.

(2) If the owner of the land required refuses to sell the Arbitrators r
same or demands therefor a price deemed unreasonable by of by trustees,
the school board or board of education, or refuses to accept

the price such board is willing to pay, the school board or
board of education may appoint an arbitrator and serve
notice of such appointment upon the owner of the land
required and require him to appoint an arbitrator. Such
notice may contain a description of the land required as
aforesaid, and a duplicate of such notice containing such
description may be registered in the registry office of the
county or city in which the land is situated, together with
an affidavit verifying the same and proving service of such
notice upon the said owner. Such registration shall be
notice to all persons whomsoever that the said land is being
expropriated in the manner and at a price to be fixed as
herein provided.

(3) The said owner, within seven clear days after the oVMbHrato?1
service upon him of notice of the appointment of an arbi- t^ir^J.^a
trator by the said school board or board of education as tor.
aforesaid, shall appoint an arbitrator, and the two arbi-
trators so appointed shall appoint a third arbitrator, or in
default of their appointment of a third arbitrator within

four clear days after the appointment of an arbitrator by
the owner of the said land as aforesaid, the county judge
of the county in which the land in question is situated,
upon the application of either party made upon two clear
days' notice to the other party, shall appoint a third arbi-
trator.

(4) If the owner of the land required refuse or neglect °wne£u t
to appoint an arbitrator and to give notice of such appoint- appoint.ng
ment to the said school board or board of education within

seven clear days after receiving notice of the appointment
of an arbitrator by such board as aforesaid, the school
board or board of education may apply ex parte to the said
county judge upon affidavit setting forth the facts, and
thereupon the county judge, with or without directing
notice of such application to be served upon the owner of
the said land as he shall deem proper, shall appoint two
additional arbitrators.

(5) If an appointed arbitrator refuses to act or is in cap- Arbitrators re
able of acting or dies, the other arbitrators, or in case of iectmg°to act
their default for seven clear days, the county judge, shall,

upon the application of either party, appoint an arbitrator

446 Chap. 53. public schools. 6 Edw. VII

to fill such, vacancy, and the arbitrator so appointed shall
have all the powers and act in the stead of the arbitrator so
refusing or being incapable to act or dying as aforesaid.

i?/jci&

Compensation (6) Every school board or board of education in an urban

for litnds taken • • • ■*

or injured. municipality shall make to the owners or occupiers of any
real property adjacent to the land expropriated which is
injuriously affected by the exercise of the powers of expro-
priation conferred by this Act, due compensation for any
damages necessarily resulting from the exercise of such
powers; and every claim for such compensation, if not
settled by mutual agreement, shall be determined by the
said arbitrators. The said school board or board of educa-
tion shall give such notices to the owners and occupiers of
such adjacent land as the said arbitrators shall deem just
and reasonable, and shall name a time therein within which
claims shall be filed before the arbitrators ; and upon filing
their claims the said owners and occupiers shall be entitled
to be heard and to adduce evidence before the said arbitra-
tors, and shall be bound by the award of the arbitrators as
to the compensation for such damages. In case any owner
or occupier of such adjacent land fails to make his claim
to such compensation in writing filed before the said arbi-
trators within the time limited by such notice, or such
further time pending the arbitration as the arbitrators in
their discretion shall permit, such owner or occupier shall
lose all right to such compensation.

Arbitrators (7) The arbitrators so appointed as aforesaid shall have

may admims- x/, j 1 i • ±

ter oaths. power to administer oatns to persons appearing to give
evidence before them, or to take the solemn affirmations of
such persons, if they are entitled to affirm in civil pioceed-
ings.

totoraSMtorbi" W The arbitrators shall have power to hear and deter-
determining mine all claims or rights of encumbrancers, lessees, tenants
and other persons as well as those of the owner in respect
of the said land required, and of the owners and occupiers of
such adjacent lands; and to decide who are necessary or pro-
per persons to appear before them either generally upon the
said arbitration or in respect of any particular claim or
right; and to direct all necessary notices to be served and
in what manner they may be served ; and after hearing all
parties interested, and the evidence adduced, the said arbi-
trators shall make their award as to the price to be paid for
the land in question and as to the apportionment of such
price where more parties than one are interested therein,
and as to the amount to be paid to each lessee, tenant or
other claimant by way of compensation in respect of any
interest or right affected, and as to any compensation or
damages, if any, to be paid to such adjacent owners or occu-
piers, or any of them.

^o^rbitratora ^ ^n case °^ ^e disagreement of the arbitrators on any
to be binding, matter connected with the said arbitration or as to the

award

1906.

PUBLIC SCHOOLS.

Chap. 53. 447

award to be made, the decision or award of any two of them
shall be valid and binding upon all parties.

(10) If one arbitrator refuses or neglects to attend any^*rr^er^
lawful meeting of the arbitrators, the other two arbitrators ^sence of
may proceed in his absence and may hear and determine

all matters that come before them and may make and pub-
lish their award upon the matter or matters in question,
and such award shall be valid and binding upon all parties; r
or they may adjourn the meeting for any period not exceed-
ing ten days, giving the absent arbitrator notice of the said
adjournment.

(11) The school board or board of education, the owner SubP<*naS.
of the land in question, or any encumbrancer, lessee, ten-
ant, or other person interested in the said land or claiming
compensation in respect of any interest or right affected

by the expropriation of such land, or any owner or occupier
of such adjacent land, may sue out of the High Court
of Justice a writ of subpoena ad testificandum, or a
writ of subpoena duces tecum, and may compel the attend-
ance of witnesses and the production of documents and
things before the said arbitrators in the manner practised
in the said court, but no person shall be compelled under
any such writ to produce any document which he could
not be compelled to produce on the trial of an action in
the said court.

(12) The arbitrators shall make their award within three ,Time formak-
months after entering on the reference or after having been

called on to act by notice in writing from the said school
board or board of education or the owner of the land in
question, or on or before any later day to which the arbi-
trators, by any writing signed by them, may from time In
time enlarge the time for making the award.

(13) The said school board or board of education shall Payment of
pay all sums as required by the said award to the parties claun8,

to whom such sums are awarded, or into court in accord-
ance with the provisions of this Act.

If by reason of the absence of the person entitled to be when amount
paid any sum, or for any other reason, payment of such ^^Ilnto7
sum cannot be made pursuant to the said award, or if the court-
title to the said land expropriated, or any interest therein, or
to or in such adjacent land or any part thereof, or the right
to any portion of the compensation therefor, is in doubt,
or if the school board or board of education have reason to
fear any claim or encumbrance, or if for any other reason
the said school board or board of education deems it advis-
able, such board may pay the moneys due under the said
award or any part thereof into the High Court of Justice
with six months' interest thereon.

TJpon payment or tender of all moneys awarded by the
arbitrators to the parties entitled thereto, or upon payment

thereof

448

Chap. 53.

PUBLIC SCHOOLS.

6 Edw. VII

Owners and
others compell-
able witnesses.

thereof, or such part thereof as has not been paid to any
person pursuant to the said award, into court with interest
as aforesaid pursuant to this Act, the school board or board
of education may enter upon, take, and use the said land
for the purpose for which it was required.

(14) The owner of the land required and all parties inter-
ested therein or claiming any compensation by reason of
the expropriation of the same, and every owner or occupier
of adjacent land claiming compensation or damages, shall,
subject to any legal objection, submit to be examined by or
before the arbitrators on oath, or on affirmation, if entitled
to affirm in civil cases, in relation to the matters in question,
and shall, subject as aforesaid, produce before the arbitrat-
ors all deeds, writings, documents and things in their pos-
session or power respectively, which may be required or
called for, and do all other things which during the pro-
ceedings on the reference the arbitrators may require.

(15) The award of the arbitrators shall be in writing,
and in duplicate if required by the school board or board
of education, and shall set forth the metes and bounds of
the land in question, and the said award or a duplicate
thereof shall be registered in the registry office of the
county or city in which the said land is situated, on the
affidavit of the secretary of the board verifying the same,
and shall be deemed to be the title of the trustees to the
land mentioned therein and shall be a good title thereto
against all persons whomsoever.

(16) The costs of the arbitration and award, and of every
matter involved therein, shall be in the discretion of the
arbitrators, who may direct to and by whom and in -what
manner such costs or any part thereof shall be paid, and
they may award costs to be paid as between solicitor and
client.

Application of (17) Subsection 1 of section 39 of the said Act shall be

s. 39, subs. 1, to xJ 1 • J.1J* l ■ • vi'

orbanmunici- construed as applying to land m urban municipalities as
paiities. we]j as -|-q ]an(Jg required for rural school sites.

Award to be in
writing and in
duplicate if
required.

*osts of arbi-
tration.

1 Edw. VII,
c. 139. s. 70,
repealed.

County rate
in aid of
schools.

39. — (1) Section 70 of the said Act is hereby repealed and
the following substituted therefor : —

70 — (1 ) The municipal council of every organized county
shall levy and collect by an equal rate upon the taxable pro-
perty of the whole county (not included in urban municipali-
ties or annexed to any urban municipality for school pur-
poses) according to the equalized assessments of the municipali-
ties, in the manner provided by this Act and Tlie Municipal
and Assessment Acts, a sum which shall be at least the equi-
valent of all special grants made by the Legislative Assembly
to the rural schools of the county, and such sum shall be
payable to the trustees of the respective schools receiving
such legislative special grants in the same proportions as the
said special grants are apportioned,

(2)

1906.

PUBLIC SCHOOLS.

Chap. 53. 449

(2) Where the assessed value of all the taxable property of Township
the public school supporters in any township of an organized of^ehooia
county is at least equal to an average assessment of $30,000

for each public school section therein, the municipal council
of such township shall levy and collect by assessment upon
the taxable property of the public school supporters of the %
whole township in the manner provided by this Act and The
Municipal and Assessment Acts, the sum of $300 at least for
every public school where a teacher or principal teacher is
engaged for a whole year exclusive of vacations, and a pro-
portionate amount of such sum of $300 at least, where a
teacher or principal teacher is engaged for six months or
longer; and the additional sum of at least $200 for an
assistant teacher engaged for a whole year exclusive of vaca-
tions, and a proportionate amount of such sum of $200 at
least, where an assistant teacher is engaged for six months or
longer.

(3) Where such assessed value is less than an average where assess-
assessment of $30,000 for each public school section in any thfn^ooo
township, the municipal council of such township shall levy each
and collect, as aforesaid the sum of $150 at least for every

public school where a teacher or principal teacher is engaged
for a whole year exclusive of vacations, and a proportionate
amount of said sum of $150 at least where a teacher or prin-
cipal teacher is engaged for six months or longer ; and an
additional sum of at least $100 for every assistant teacher
engaged for a whole year exclusive of vacations, and a pro-
portionate amount of such sum of $100 at least, where such
assistant teacher is engaged for six months or longer.

(4) The sums so levied and collected by the council of the ^p1^**^
township shall, after the expiration of the present calendar grant to
year, be applied exclusively to teachers' salaries. safaries.s

(5) In addition to the sum provided by the township ^™°™ts to
council towards each teacher's salary, the trustees of every trustees to-
rural school section shall, in the cases hereinafter mentioned, ^Hes.eachers'
pay annually, after the expiration of the current calendar

year, to the teacher, where there is only one, and to the
principal teacher where there are more teachers than one, at
least the sum hereinafter mentioned (subject only to a pro-
portionate reduction in case the whole year's salary does not
become due) that is to say:

(a) $200 where the assessed value of the taxable pro-

perty of the public school supporters in the
section is at least $200,000 ;

(b) $150 where such assessed value is at least $150,000

but less than $200,000 ;

but less than $150,000 ;
29 s. (d)

450 Chap. 53.

PUBLIC SCHOOLS. 6 Edw. VII

Suspension of
certificate for
accepting
lower salary.

Rates for
teachers
salaries in
union school
sections.

Township
grants to
union school
sections.

Abatement
of amounts
payable by

(d) $50 where such assessed value is at least $50,000,

but less than $100,000 ;

(e) $25 where such assessed value is at least $30,000 ;

but less than $50,000 ;

And $100 to every assistant teacher, whatever such assessed
value is.

The said trustees in making their annual estimates and
requisitions for school moneys to be levied and collected from
the ratepayers, shall include whatever amount, considering
their other sources of income, is necessary to provide for such
payment or payments.

(6) The public school inspector shall have power to, and
shall, suspend the certificate of any teacher in a rural school
who agrees to accept a salary of less amount than is herein

provided for, or who by rebate, deduction, donation, or
other subterfuge accepts a less amount in settlement of his
or her claim for salary. The inspector shall forthwith
report such suspension to the Minister of Education, and
the suspension shall be continued or dealt with as the
Minister deems expedient.

In case the full amount of the salary provided for
herein shall not be paid to any teacher by the trustees
of a rural school, or if by rebate, deduction, donation or
other subterfuge, any such teacher accepts a less amount
in settlement of his or her salary the difference between
the said full amount provided for herein and the less sum
so paid or accepted as aforesaid, shall be deducted by the
township treasurer, on the order of the public school in-
spector, from the amount payable by the township council
to the said trustees under subsection 2 or 3 (as the case
may be) of this section, and by said treasurer divided
equally amongst the other school sections of the town-
ship.

(7) In the case of a union school section formed of parts
of different townships, the sums herein provided to be levied
and collected from the ratepayers by township councils shall
be levied and collected as aforesaid by the several councils
out of the taxable property of the public school supportert
of such union school section, each in the proportion which
such taxable property within its jurisdiction bears to the
taxable property of public school supporters in the whole
union section.

(8) In the case of a union school section formed of parts
of different townships, the sums mentioned in subsection 2
of this section shall be paid by the respective township
councils in proportions to be fixed in accordance with the
provision! of section 54 of this Act.

(9) When any portion of the salary of any teacher in a
rural school for any reason does not become payable or is

2''a s. withheld

1906.

PUBLIC SCHOOLS.

Chap. 53. 451

withheld from such teacher in accordance with the terms of county and
this Act, the sums payable respectively by the county, the townshiP-
township or townships, and the ratepayers, on account of
•uch salary, shall abate, in the proportions in which they
were respectively liable for the whole.

(10) All moneys hereby required to be levied and col- Amounts <
lected and applied to the salaries of teachers shall be paid be raised to
to the treasurers of the respective public school boards £s%eq1ureder
from time to time as may be required by the school trus-
tees.

(11) The county council of two or more counties united Apportionment
for municipal purposes may apportion the amount to be counties,
levied for public school purposes so that each county form-
ing such union shall be liable only for sums payable in

respect of public schools within such county.

40. Subsection 1 of section 71 of the said Act is hereby i Ed w. vn.,
amended by inserting after the word "property" in the ^11'. i, n'
second line thereof the words "of the public school sup- amended,
porters" and by striking out all the words in the said sub-
section after the word "expenses" in the eighth line thereof.

41. — (1) Subsection 1 of section 74 of the said Act isiEdw. vu,
hereby amended by inserting after the word "purchase" subs'. i,74'
in the second line thereof the words "or enlargement." amended.

(2) Subsection 2 of section 74 of the said Act is hereby i Edw. vu,
amended by inserting after the word "municipality" where gUj^' f- 74,
it first occurs in the sixth line thereof the words "Such amended,
application must be sanctioned by the ratepayers of the
union school section in the manner set forth in the pre-
ceding subsection," and by inserting after the word "form-
ing" in the sixth and seventh lines thereof the words "or
any portion or portions of which form," and by adding
at the end thereof the following paragraph: "The pro-
portion of the moneys payable under said debentures by
each of the said municipalities shall be payable out of
the taxable property therein lying within the said union
school section."

42. Subsection 1 of section 76 of the said Act as enacted i e<^w. vn,
by section 5 of the Act passed in the third year of His acu^- f- 76'
Majesty's reign, chaptered 32, is hereby amended by in- amended,
•erting after the word "purchase" in the fourth line there-
of the words "or enlargement," and by inserting after

the word "thereto" in the fifth line thereof the wordi
"or repairs or improvements of the school property."

43. Section 78 of the said Act is hereby amended by i Edw. Vn
striking out all the words thereof after the word "for" J^*^7/- '
in the 7th line thereof, and inserting in place thereof the

words

452

Chap. 53.

PUBLIC SCHOOLS.

6 Edw. VII

words following: "any one or more of the following pur-
poses: the purchase or enlargement of a school site, the
erection of a school house, or any addition thereto, or the
erection of a teacher's residence, or any addition thereto,
and any sum so borrowed shall be applied only to
the purpose or purposes for which it was borrowed."

1 Edw. VII,
c. 39, s. 80,
subs. 3,
amended.

44. Subsection 3 of section 80 of the said Act is hereby
amended by adding thereto the following: "or when for
any reason his engagement has ceased."

1 Edw. VII,
c. 39, s. 83,
subs. 1,
amended.

1 Edw. VII,
c. 39, s. 83,
subs. 5,
repealed.

45. — (1) Subsection 1 of section 83 of the said Act is
hereby amended by inserting after the word "qualification"
in the seventh line thereof the words : "and actually en-
gaged in teaching, having had at least three years' experi-
ence as a teacher in one or more of the public or separate
schools of the Province."

(2) Subsection 5 of said section 83 is hereby repealed.

1 Edw. VII,
c. 39, s. 86,
subs. 3-6,
repealed.

46. Subsections 3, 4, 5 and 6 of section 86 of the said
Act are hereby repealed and the following subsections sub-
stituted therefor :

County
inspectors,
appointment
of.

(3) The municipal council of each county shall appoint
one or more public school inspectors for such county.
The number appointed shall be such that no inspector
shall have charge of more than one hundred and forty
schools or departments with separate registers, or less than
fifty, except as hereinafter provided.

Limit of
number of
schools under
each inspector.

Towns not
separated
from the
county.

(4) When more than one inspector is appointed for any
county, the county council shall prescribe and number
the territorial divisions of each, in such manner that no
inspector shall have charge of more than one hundred and
twenty or less than fifty schools except as hereinafter pro-
vided. The council may change or remove the inspectors
from one division of the county to another whenever they
deem it expedient.

(5) Each inspector shall have charge of all the public
schools of any town not separated from the county in the
district to which he has been appointed ; but this shall only
apply to the towns referred to in subsection 9 of this sec-
tion when the office of inspector in such towns becomes
vacant.

Limit where
French or
German
prevailing
language.

(6) In a county containing any municipality wherein
the French or German language is the common or pre-
vailing language, the inspector in whose division such
municipalitv lies may have charge of less than fifty schools
but not less than forty.

(6a)

1906.

PUBLIC SCHOOLS.

Chap. 53.

453

(6a) Notwithstanding anything hereinbefore contained, Appointment
in any county divided into electoral divisions, the county °ore|£hCtors
council may in its discretion appoint an inspector for each electoral

■*■ division.

or any of the said divisions and in such case the inspector
appointed to any electoral division may have charge of
all the public schools therein whatever their number, except
in cities or towns separated from the county, or in the
towns referred to in subsection 9 of this section while the
present inspectors continue in office in said last mentioned
towns, but as soon as such last named inspectorships
become vacant the inspectors appointed by the council as
aforesaid shall take charge of the schools in such last
mentioned towns.

47. Subsection 8 of section 86 of the said Act is hereby lEdw. vn.,
repealed and the following substituted therefor : — 8'repeSaiedSUbs'

(8) The county council shall pay in equal quarterly in- Remuneration
stalments to every county inspector, the annual sum of speCXrs.y m~
|6 for each teacher occupying a separate room with a
separate register, and such additional sum as it deems rea-
sonable for travelling expenses, which additional sum
shall never be less than $150 per annum, with $1.50 added
for each school under his charge exceeding 50 in number.
The county council shall also pay to every county inspector
his reasonable expenses for postage and stationery, and in
case of dispute the amount thereof shall be settled by the
county judge, upon the application of the inspector or of
the said council, and the decision of the said county judge
shall be final.

48. Subsection 10 of section 86 of the said Act is c.lg,\ sts!1''
hereby repealed and the following substituted therefor : — repealed

(10) Out of any sum of money appropriated by the Remuneration
Legislature for that purpose, the sum of $800 shall be paid of inspectors'
as the Lieutenant-Governor in Council may direct, towards
the salary of every county inspector, and the sum of $5
for every teacher occupying a separate room with a separ- Maximum
ate register shall be paid, as the Lieutenant-Governor in salary of
Council may direct, to the school board of every city or inspectors,
town separated from the county, towards the payment of
the salary of the inspector of such city or town.

49. Subsection 12 of section 86 of the said Act is hereby j Erjw. vn.,
amended by inserting after the word "or" in the third ^39, 86,
line thereof the words "subject to the approval of the amended.
Lieutenant-Governor in Council," and by striking out the

words "or without cause by a vote of two-thirds of such
council or board" in the fourth and fifth lines thereof.

1 Edw. VII..

50. Subsection 3 of section 87 of the said Act is hereby c. 39"'. 87

ubsl 3
mended.

amended by adding thereto the following as paragraph (e) : ™bs

■(e)

454

Chap. 53.

PUBLIC SCHOOLS.

6 Edw. VII

"(e) The inspector shall not, however, withhold his
order for the amount apportioned from the legis-
lative or municipal grant, nor shall the teacher's
salary be withheld by reason of any school being
kept open for less than six months of the year
when such school has been closed by order of the
health officer on account of any contagious dis-
ease or diseases."

1 Edw. VII.,
e. 39, s. 93,
subs. 7
amended.

1 Edw. VII.,
c. 39, s. 95,
subs. 3
amended.

1 Edw. VII.,
c. 39, s. 95,
subs. 5
amended.

51. Subsection 7 of section 93 of the said Act is hereby
amended by striking out the figures "87" where they occur
in the second and third lines thereof and substituting there-
for the figures "91" and by striking out the figures "89"
in the fourth line thereof and substituting therefor the fig-
ures "93."

52. Subsection 3 of section 95 of the said Act is hereby
amended by striking out the word "any" in the fifth line
thereof and substituting therefor the word "the" and by
inserting after the word "trustees" in the said fifth line the
words "of the last named section" and by inserting after the
word "remit" in the said fifth line the words "the whole or
any part of the said rates, not exceeding the amount of."

53. Subsection 5 of section 95 of the said Act is hereby
amended by striking out the last two words in the fourth
line theroef and the first word of tne fifth line thereof,
and by inserting after the word "purposes" in the sixth
line thereof the words: "or so much thereof."

1 Edw. VII.,
c. 39, s. 98,
subs. 3
amended.

54. Subsection 3 of section 98 of the said Act is hereby
amended by inserting after the word "thereto" in the
sixth line thereof the following: "He shall also certify
under his hand to the Minister of Education a true copy
of the said summons, statement of claim, proceedings,
evidence, judgment and objections", and by striking out
the word "hereinafter" in the sixth line thereof and sub-
stituting therefor the word "hereinbefore."

i Edw. vh., 55. Subsection 4 of said section 98 is hereby amended
subs.' 4 98, by striking out all the words therein from the commence-
amended. ment thereof down to and including the word "thereto"
in the sixth line thereof.

i Edw. vn, 56. Section 101 of the said Act is hereby amended by
amended, striking out the words "for its use" at the end thereof,

and substituting therefor the words "and applied by them

to school purposes."

i Edw. vn, 57. Section 104 of the said Act is hereby amended by
amendeT' inserting after the word "the" in the fifth line thereof
the words "municipality or" and by inserting after the

word

1906.

PUBLIC SCHOOLS.

Chap. 53.

455

word "and" in the sixth line thereof the words "except in
cases falling within the provisions of subsection 2 of section
62 of this Act." •

58. Section 105 of the said Act is hereby amended by * Edw. va„
striking out the word "may" in the tenth line thereof amended,
and substituting therefor the words "shall on proof of the
facts" and by inserting after the word "and" in the
eleventh line thereof the words: "except in an urban
municipality when the trustees notify him that they have
decided to allow the office to remain vacant pursuant to

the provisions of subsection 2 of section 62 of this Act,
•hall."

59. Section 106 of the said Act is hereby amended by i Edw..vn..
inserting after the word "publication" at the end of the

amended..

fourth line thereof the words "in which any advertise-
ment is inserted in the regular course of business or."

60. Section 113 of the said Act is hereby amended by i Ed/.vn.,
striking out all the words in the eighth line thereof after amend'ecL3
the word "by" and inserting in place thereof the words:

"the public school corporation or any ratepayer or rate-
payers interested therein suing on behalf of himself or
themselves and all other ratepayers of the school section or
municipality interested therein."

61. — (1) Subsection 2 of section 115 of the said Act1Edw VII

is hereby amended by inserting after the word "order" ^39, s.. 115, ^
in the second line thereof the words "or a true copy amended'.
thereof." ■ ■ ]

(2) Subsection 3 of said section 115 is hereby amended i mw. vn.,
by inserting after the word "appointed" in the first line subs.' 3 115,
thereof the .words : "or at a time and place to which theamended-
application may then in the discretion of the judge be
adjourned."

(3) Subsection 4 of said section 115 is hereby amended 1 Edw. vn.,
by adding thereto the following paragraph: "It shall be gUb^.' 4 115' _
competent, however, for the judge, upon proof that 8Uch amended-
person has done all in his power and it has become impos-
sible for him to deliver up, account for or pay over the

books, papers, chattels or moneys aforesaid in manner
aforesaid, to order his discharge on such terms or conditions
as may appear just."

62. Section 116 of the said Act is hereby amended by 1'Edw-vri-.
inserting after the word "ratepayer" in the last line thereof amended. **
the words "any trustee, secretary or treasurer so refusing."

63. Subsection 1 of section 121 of the said Act is hereby lEdw.vn.,.
amended by inserting after the word "shall" in the third

line thereof the words "sell or." amended.

CHAPTER

456

Chap. 54.

BOARDS OF EDUCATION.

Edw. VII

CHAPTER 54.

An Act to amend The Act respecting Boards of Edu-
cation in certain Cities, Towns and Villages.

Assented to 14th May, 1906.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

c"E33WsViUsub» Subsection 1 of section 1 of The Act respecting

i,' amended. Boards of Education in certain Cities, Towns and Villages
is amended by adding thereto the following words :
"When the Board of Public School Trustees and the
Board of High School Trustees have already been united in
any such city, town or incorporated village, the council of
such municipality may by resolution declare that it is ex-
pedient that such Board of Education shall be constituted
and elected under section 2 of this Act, instead of being
l Edw. vn. elected and appointed under The Public Schools Act, and
c>3 ' The High Schools Act, and thereupon such Board of Edu-

i Edw. vn, cation may be elected under section 2 of this Act.

CHAPTER

1906.

UNIVERSITY OF TOKONTO.

Chap. 55.

457

CHAPTER 55.

An Act respecting- the University of Toronto and
University College.

Assented to 14th May, 1906.

Meaning of Terms, ss. 2, 3.
Removal of Teaching Staff by

Board, s. 4.
Proclamation changing name

of, s. 5.

School of Practical Science
united as Faculty of, s. 6.

Federation of Universities and
Collegess, ss. 7, 8, 9.

Religious tests not required,
s. 9.

Lands and property of, ss. 10-
18.

Vested in Board, s. 12.

Not to be expropriated, s. 17.

Exempt from Taxation, s. 18.
Endowment of Chairs or Schol-
arships, s. 19.
Board of Governors, ss. 20-46.

Composition of, s. 24.

Chairman of, s. 26.

Term of office of members, s.
30.

Removal of members by Lieu-
tenant-Governor, s. 33.

Powers of Crown transferred
to, s. 38.

Powers of, ss. 39-41.

Annual report of, s. 44.
The Senate, ss. 47-56.

How composed, s. 47.

Teaching Staff of University
not to be elected to, s. 48.

Term of office of members, s.
50.

Vacancies, ss. 51, 52.
Powers and duties of, ss. 54,
55.

Certain statutes of to be sub-
mitted to Board, s. 56.
Convocation, ss. 57-66.

How composed, s. 57.

Powers of, s. 58.

Meetings, ss. 59, 60, 61.

Quorum, s. 64.

Chairman of, s. 68.
Chancellor, ss. 67-72.

Graduate to elect, s. 67.

To be Chairman of Convoca-
tion, s. 68.

Conferring of degrees by, s. 69.

Term of office, s. 70.

Council of Faculty of Arts, ss.
73-75.

Council of University College,
s. 77.

Powers and duties of Faculty
Councils, s. 79

Powers of Council of Univer-
sity Colleges', s. 81.

"Caput," ss. 84-87.

President of University, ss.

88- 91.

Duties and Powers of, s. 88.
Appointment of, pro tern., ss.

89- 91.

Principal of University Col-
lege, s. 92.

Registrars, s. 93.

Discipline,

Jurisdiction as to, ss. 94-100.

Election of Chancellor and
members of senate, ss. 101-
126.

Apportionment of Course of In-
struction in Arts, ss. 127,
128.

Attendance at Lectures, ss. 130,
134.

Fees for instruction in Arts,
s. 133.

Enrolment of Students, ss
136-138.

Annual Grant of portion of
Revenue from Succession
Duties, s. 140.
Trinity College,
Rights of, s. 141.
Removal to Queen's Park, s.
j 142.

Loans to, may be guaranteed
by Province, s. 142.
Devonshire Place,

Power of Board to close, s.
143.

Wallbridge Scholarship, s. 144.

Federated Colleges, — when to
become colleges of univer-
SITY, s. 145.

Commencement of Act, s. 148.

HIS

458

Chap. 55.

UNIVERSITY OF TORONTO.

6 EBW. VII

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

Short title.

1. This Act may be cited as The University Act, 1906.

InterpretatioQ. 2. Where the words following occur in this Act, unless
a contrary intention appears, they shall be construed as
follows : —

(1) "The University" as meaning the University of
Toronto.

(2) "The Board" as meaning the Governors of the Uni-
versity of Toronto.

(3) "Appointed members" as meaning the members of
the Board appointed bj the Lieutenant-Governor in Coun-
cil.

(4) "Property" as including real property and all other
property of every nature and kind whatsoever.

(5) "Real property" as including messuages, lands,
tenements and hereditaments whether corporeal or incor-
poreal, and any undivided share thereof and any estate
or interest therein.

(6) "College" as including a school or other institution
of learning.

(7) "Teaching staff" as including professors, associate
professors, lecturers, instructors, demonstrators and all
others engaged in the work of teaching or giving instruc-
tion.

(8) "Now" as meaning when this Act goes into fore*.

(9) "Trinity College" as meaning Trinity College as
established and incorporated by the Act passed in the 14th
and 15th years of the reign of Her late Majesty, Queen
Victoria, chaptered 32, and as constituted a University by
Royal Charter bearing date the sixteenth day of July, 1853.

(10) "Head," when it refers to the head of a federated
university or a federated college, as meaning the person
who is or is certified by the governing body of such univer-
sity or college to be the head thereof.

3. The Provincial University, known as the University
coi'iegeT Faeui- of Toronto, the Provincial College, known as Univer-
tinuedC"c°n sity College, the Senate, Convocation, the several
faculties of the University and the Faculty of University
College, are and each of them is hereby continued, and,
subject to the provisions of this Act, shall respectively
have, hold, possess and enjoy all the rights, powers and
privileges which they respectively now have, hold, possess
and enjoy.

" The Univer-
sity."

" The Board.'

" Appointed
members."

" Property."

"Real
property.'

" College."

"Teaching
Staff."

" Now."

"Trinity
College."

' Head.

University,
University

1906.

UNIVERSITY OF TORONTO.

Chap. 55 459

4. All appointments in and statutes and regulations Appointments,
affecting the University and University College and each regulations,
of them shall continue, subject to the provisions of this continu^1'
Act, and subject also, as to the teaching staff, and all
officers, servants and employees, to their removal by the
Board at its discretion.

6.- — (1) It and when a proclamation to that effect shall be proclamation
issued by the Lieutenant-Governor, the name of the Uni- of1uDnfvers^^ne
versity shall be changed to and the University shall be
known as "The University of Ontario" from and after
such date as shall be named in the proclamation for the
change taking effect.

(2) Such proclamation shall not , be issued unless and when procia-
until a statute of the Senate approving of the change shall l^ued" may e
have been passed by the vote of at least three-fourths of
the members thereof who may be present at a meeting called
for the purpose of considering the question of making
such change and unless and until the change shall have
been sanctioned by the Board.

6. — (1) The School of Practical Science is hereby united school of
with and shall form part of the University and constitute enc^uSted1
the faculty of Applied Science and Engineering thereof, with univer-

no sity as faculty

(2) The principal of the School of Practical Science shall seienceand
become and be the Dean of the said faculty, and the pro- Eneineermg.
fessors, teachers, instructors and officers of the said school Acuity*
shall hold and occupy the like positions in the said faculty

to those now held and occupied by them in the said school,
but subject always to removal by the Board at its discre-
tion.

(3) Whenever in any Act or document reference is made Eeference to
to the School of Practical Science, the same shall here- |£^ooi to mean
after apply and extend to the said faculty. Appiiedsci-

6I1C6 6tC

(4) All moneys expended by the Board in the mainten- Moneys ex-
ance of the said faculty shall for the purposes and within ^"rd tobbe
the meaning of the agreement bearing date the second day deemed to be
of March, 1889, between Her late Majesty, Queen Victoria, c^forcL
and the Corporation of the City of Toronto, be deemed to be tain PurP°ses-
money expended by "Her Majesty and Her Successors act-
ing by and through the Executive Council of the Province

of Ontario."

(5) All courses of study in the said school, all Orders in curriculum,
Council relating thereto, and all by-laws, rules and regula- extended?*'"
tions thereof, except in so far as the same are inconsistent apply to °
with the provisions of this Act, shall continue in force andfaculty'
apply to the said faculty in the same manner and to the

same extent as the same are now applicable to the said
school, but they may be abrogated or modified by the pro-
per governing body of the University in that behalf as may
be deemed expedient.

460 Chap. 55. UNIVERSITY OF TORONTO. 6 Edw. VII.

Universities
and colleges,
federated or
affiliated.

Colleges affili-
ated with fed-
erated univer-
sity.

Victoria and
Trinity declar-
ed to be feder-
ated.

Federated
colleges*

Affiliated
colleges.

Affiliated col-
leges, when to
be represented
in Senate.

Removal of
college from
federation or
affiliation.

Colleges affili-
ated with fed-
erated univer-
sity to cease to
be affiliated
with univer-
sity on dissolu-
tion of federa-
tion.

7. — (1) Every university avnd every college federated
with the University and every college affiliated with the
University shall continue to be so federated or affiliated,
subject to any statute in that behalf and to this Act.

(2) A college affiliated with a federated university at the
time of its federation with the University, whether such
federation lias heretofore been or shall hereafter be entered
into, shall be deemed to be affiliated with the University.

(3) The following are declared to be the universities
federated with the University, that is to say, Victoria
University and Trinity College.

(4) The following are declared to be the colleges feder-
ated with the University, that is to say, Knox College,
Wycliffe College and St. Michael's College.

(5) The following are declared to be the colleges affiliated
with the University, that is to say; Albert College, Tht
Ontario Agricultural College, The Ontario Medical College
for Women, The Royal College of Dental Surgeons, The
Toronto College of Music, The Ontario College of Phar-
macy, The Toronto Conservatory of Music, The Hamilton
Conservatory of Music, The Western Canada College of
Calgary, The Columbian Methodist College, and The On-
tario Veterinary College ; the following the Colleges which
are affiliated with the University by reason of their having
been affiliated with Victoria University when the said last
mentioned University became federated with the Univer-
sity, that is to say : The Ontario Ladies' College and Alma
College; and St. Hilda's College, which is affiliated with
the University by reason of its having been affiliated with
Trinity College when Trinity College became federated with
the University.

(6) A college which has been affiliated with the Univer-
sity since the 15th day of April, 1901, or which shall here-
after be affiliated therewith shall not be entitled to repre-
sentation on the Senate unless so declared by statute in that
behalf.

(7) The Senate may remove from federation or affiliation
with the University any college, now or hereafter feder-
ated or affiliated with the University which becomes an
integral part of or federates or affiliates with any other
university which has and exercises the powers of confer-
ring any degrees other than those in theology.

(8) If and when any university now or hereafter feder-
ated with the University ceases to be federated therewith,
every college which is affiliated with the University by rea-
son only of its having been affiliated with such federated
university shall thereupon and thereafter cease to be affili-
ated with the University, but shall retain the same relation
with the federated university with which it was affiliated
as existed when such federated university became federaled
with the Universitv.

1906.

UNIVERSITY OF TORONTO.

Chap. 55.

401

(9) The Arts faculties of Victoria University and Trinity Arts faculties of
College in their relation to the University shall be known Trinity? and
as and may be called colleges of the University bearing
respectively as such colleges the names Victoria College
and Trinitv College.

8. — (1) When any university in the Province of Ontario Admission of

j i _ i £ ' / l universities to

determines to surrender its degree conferring powers (except federation,
the power of conferring degrees in theology) and notifies
the Board of such determination, the Board may by statute
declare such university to be federated with the University
on and from a day to be named in such statute, and there-
upon and thereafter the power of such federated univer-
sity to confer degrees, except in theology, shall be sus-
pended.

(2) Every such statute shall be published forthwith after
the passing thereof in the Ontario Gazette.

(3) The power and authority of conferring degrees, ex- suspension of
cept in theology, of any university now or hereafter ftng power?1"
federated with the University shall be suspended and federa"
in abeyance, but may be resumed by such federated
university ; Provided that three years, shall have elapsed proviso,
from the date when its federation with the Univer-
sity took effect, and that after the lapse of such three

years one year's notice in writing of its intention to
resume its degree-conferring powers shall have been given
to the Board, and any such federated university shall
cease to be federated with the University at and after the
expiry of the said last mentioned period.

(4) Notice that any such federated university has ceased Notice of disso-
to be federated with the University and the date when itati0n.
ceased to be so federated shall be published in the Ontario
Gazette.

(5) The graduates and undergraduates in Arts, Science Rights of
and Law of a federated university and such graduates and |™ddeur^(jand
undergraduates thereof in Medicine as have passed their uaa\eesdofu r.
examinations in Ontario from and after the date whensity.

such university became federated with the University, and
so long as 6uch federation shall continue, shall have and
enjoy the same degrees, honours and status in t"be Univer-
sity as they held and enjoyed in tl*e federated university.

9. — (1) No religious test shall be required of any profes- Religious tests
sor, lecturer, teacher, officer or servant of the University or q'u'r'ed0t re~
of University College, or of any student thereof or therein,

nor shall religious observances according to the forms of
any religious denomination or sect be imposed on them
or any of them, but the Board may make regulations
touching the moral conduct of the students thereof and ^f^"'1
therein and their attendance on public worship in their training,
respective churches or other places of religious worship
and their religious instruction by their respective minis-
ters,

462

Chap. 55.

UNIVERSITY OF TORONTO. 6 EDW. VII

Proviso .

Rights of
federated
universities
and colleges as
to religion.

ters, according to their respective forms of religious faith,
and every requisite facility shall be afforded for such pur-
poses, provided always that attendance on such forms of
religious observance shall not be compulsory on any stu-
dent attending the University or University College.

(2) Nothing in this section contained shall interfere with
the right of any federated university or college to make
ouch provision in regard to religious instruction and relig-
ious worship for its own students as it may deem proper,
and to require the same to be observed as a part of its own
discipline.

Accounts of 10. — (1) Separate accounts of the proceeds of the sales of
safeTonands the lands set apart for the use of the University and Uni-
universHy°and versity College or either of them by the Act passed in the
coi\Igeity ^th year of the reign of Her late Majesty, Queen Victoria,
chaptered 59, and by the Act passed in the third year of
the reign of His Majesty, chaptered 36 (as amended by
the Act passed in the 5th year of the same reign, chaptered
36) and by the Act passed in the said last mentioned year
chaptered 37, shall continue to be kept by the proper
officers and departments and yearly accounts thereof to be
furnished to the Board, as provided in the said Acts, and
all moneys derived from such sales shall be paid to the
Board free from all charges or deductions for management
or otherwise.

unf versity as to (2) The repeal by this Act of the Acts and parts of Acts
such lands mentioned or referred to in subsection 1 shall not affect or
preserved.

Annual grant
of $7,000
continued .

Property
vested in
trustees trans-
ferred to
Board.

Property
vested in
Crown for
8. P. S. vested
in Board.

impair the right of the University and University College
or either of them to have the lands mentioned therein set
apart in accordance with and subject to the provisions of
the Acts and parts of Acts so repealed, but such right shall
remain in full force notwithstanding such repeal.

11. The annual grant of $7,000, provided for by the said
first mentioned Act, shall continue to be paid to the Board
as provided therein, and the same shall form a charge
upon and be paid from time to time out of the Consolidated

Revenue .

12. All property now vested in the Trustee's of the Uni-
versity of Toronto is hereby, subject to any trust affecting
the same, vested in the Board, and all property which
heretofore has been or hereafter shall be granted, con-
veyed, devised or bequeathed to any person in trust for or
for the benefit of the University and University College
or either of them or of any faculty or department thereof
or otherwise in connection therewith, subject always to
the trust affecting the same, shall be vested in the Board.

13. All property which is vested in or used by the Crown
for the purposes of the School of Practical Science, and
all unexpended appropriations out of the Consolidated

Revenue

1906.

UNIVERSITY OF TORONTO.

Chap. 55

463

Revenue for the maintenance thereof, shall belong to and

are hereby vested in the Board.

14. The real property demised to the Corporation of the Queen's Park.
City of Toronto for the purpose of a park under the auth-
ority of section 66 of chapter 62 of the Consolidated Sta-
tutes of Upper Canada shall, so long as the lease thereof
remains in force, form part of the City of Toronto and the
residue of the real property adjacent to the said park

which is vested in the Board, shall be subject to the police
regulations of the said corporation and the council thereof
and except as herein otherwise provided to the by-laws
thereof.

15. All real property which is now or which hereafter Application of
shall be vested in the Board shall, as far a!s the application notations as
thereto of any statute of limitations is concerned, b© t0 property,
deemed to have been and to be real property vested in the

Crown for the public uses of the Province.

16. It is hereby declared *that the dedication heretofore Former dedi-
by the Crown for any purpose of any real property held for university not
the purposes of the University and University College or$^tssaftus
either of them has not taken away from such real property Crown lands-
any rights or privileges which it enjoyed as Crown lands

or prejudiciallv affected the same, but that all such rights
and privileges remain in full force and effect.

17. — (1) The real property vested in the Board shall not be Lands vested
liable to be entered upon, used or taken by any municipalise"* expro-
or other corporation or by any person possessing the right Priation-

of taking lands compulsorily for any purpose whatsoever;
and no power to appropriate real property hereafter con-
ferred shall extend to such real property unless in the Act
conferring the power it is made in express terms to apply
to such real property.

(2) The provisions of subsection 1 shall apply to real
property owned by or vested in any university or college
federated with the University.

18. — (1) The property real and personal vested in the Exemption of
Board shall not be liable to taxation for provincial, munici- taxation.1™™
pal or school purposes, but shall be exempt from every de-
scription of taxation ; provided, always, that except as men-
tioned in subsection 2 the interest of every lessee and occu-
pant of real property vested in the Board shall be liable to
taxation.

(2) The liability to taxation of the interest of a lessee
or occupant mentioned in this section shall not extend
to the interest of a lessee or occupant being a member of
the teaching staff or an officer or servant of the University
or of University College who, or being an association of
under-graduates or an incorporated society of under-gradu-
ates or of graduates and undergraduates, which is the lessee

464

Chap. 55.

UNIVERSITY OF TORONTO.

6 Edw. VII

or occupant of any part of the property commonly known
as the University Park, composed of the north halves of
Park lots numbers eleven, twelve and thirteen in the first
concession from the Bay, in the Township of York (now in
the City of Toronto), and including that part of park lot
number fourteen in the said first concession, described in a
certain conveyance to Her late Majesty Queen Victoria,
registered as number 8654R in the registry office of the
eastern division of the City of Toronto, but the interest of
every such lessee or occupant shall be exempt from taxa-
tion.

(3) Those parts of the lots mentioned in subsection 2
which are now or hereafter may be owned, leased or occu-
pied by any federated university or federated college for
the purposes of such university or college shall also be
exempt from taxation in 'the same way and to the same ex-
tent as the real property vested in the Board is by subsec-
tion 1 exempted from taxation.

ehMrsorent°f Person with the approval of the Board may,

scholarships, under and subject to such term's and conditions as he may
prescribe, endow a chair or found a scholarship in the Uni-
versity or University College, or aid the University and
University College and each 'of them by providing an
endowment for any other purpose or object in connection
therewith.

Board of 20. There shall be and is hereby constituted a Btoard of

Governors of the University and University College.

incorporation 21. The Board shall be a body corporate by the name
and style of "The Governors of the University of Toron-
to," and shall have all the rights, powers and privileges
mentioned in subsection 25 of section 8 of The Interpreta-
tion Act, and also the power to take and hold real properly
for the purposes of the University and of University Col-
lege without license in mortmain.

Board to be 22. The Board shall not be deemed .to be a new corpora-

QGGHlt'Ci SUCC6S" A

sor to trustees, tion, but shall be taken to be and shall be the successor of
"The Trustees of the University of Toronto," with the
enlarged rights, powers and privileges conferred by this
Act.

23. Any action or proceeding now pending in aD,y court
may be continued to be prosecuted or defended, as the case
may be, in the name of "The Trustees of the University
of Toronto," or the name of the Board may at its option

be substituted therefor.

24. The Board shall consist of the Chancellor and the
President of the University, who shall be ex-officio mem-
bers thereof, and eighteen persons appointed by the Lieu-
tenant-Governor in Council.

25.

Pending
proceedings.

Composition
of Board.

1906.

UNIVERSITY OF TORONTO.

Chap. 55

465

25. No person shall be eligible for appointment as a mem- Disquaii-
ber of the Board unless he is a British subject, and a rcei- ncatl011s-
dent of the Province of Ontario. f

26. One of tbe members of the Board shall be appointed chairman,
by the Lieutenant-Governor in Council to be the chairman
thereof.

27. The Board may appoint one ,of its members to be vice-chairman.
Vice-Chairman, and, in case of the absence or the illness

of the Chairman, or of there being a vacancy in the office
of Chairman, the Vice-Chairman shall act for and have all
the powers of the Chairman, and an entry in the minutes
of the Board declaring that any of the said causes for the
appointment of a V ice-Chairman exists shall be conclusive
evidence of the fact so declared.

28. Unless and until otherwise provided by the Board, Quorum,
seven members thereof shall be necessary to constitute a
quorum.

29. Notwithstanding any vacancy in the Board, as long Ten members
as there are at least ten members thereof it shall be com- p^wers*ercise
petent for the Board to exercise all or any of its powers.

30. The appointed members of 'the Board, except those Term of office,
who shall be first appointed after the passing of this Act,

shall hold office for six years.

31. Of the first appointed members of the Board, 6 shall Term of office
be appointed and hold office for two years ; 6 for four years, members,
and the remaining 6 for six years, and all of them until

their successors are appointed.

32. The appointed members of the Board shall be eligible Members may

/> • , , be re-appointed

tor re-appointment.

33. The appointed members of the Board and any or Removal from
either of them may be removed from office by the Lieu- office-
tenant-Governor in Council.

34. The head of University College, the head of a f eder- Heads of col.
ated university, or of a federated or an affiliated college, leges, federated
a member of the teaching staff of the University, of Uni- etc., ineligible
versity College, of a federated university, or of a feder-
ated or affiliated college, shall not be eligible to be ap-
pointed as a member of the Board.

35. If a member of "the Board, after his appointment, vacancies,
accepts or occupies any of the said offices or positions, or

goes to reside out of the Province, or becomes insane or
otherwise incapable of acting as a member of the Board,
he shall ipso facto vacate his office, and a declaration of
the existence of such vacancy entered upon the minutes
of the Board shall be conclusive evidence thereof.

30 s. 36.

466

Chap. 55.

UNIVERSITY OF TORONTO.

6 Edw. VII

Filling 36. In the case of a vacancy in the Board, caused by

death, resignation or otherwise, which shall happen before
the term of office for which a member has been appointed
has expired, the vacancy shall be filled by the appointment
by the Lieutenant-Governor in Council of a successor to the
member who has died, or resigned, or otherwise ceased to
be a -member, who shall hold office for tbe remainder of the
latter's term of office.

etc^ofunivers- ^7. The government, conduct, management and control
vested in of tbe University and of University College, and of the
property, revenues, business and affairs thereof, shall be
vested in the Board.

crown trans- ^8. AH the powers over, in respect of, or in relation to the
ferred to Board. University and University College and each of them which
now are or may be exercised by the Lieutenant-Governor,
save only such powers as are by this Act expressly reserved
to the Lieutenant-Governor in Council, are hereby, sub-
ject to the provisions of this Act, vested in the Board.

Board'sof 39. Without thereby limiting the general powers by this

Act conferred upon or vested in the Board, it is hereby
declared that the Board shall have the following powers :

proceedings ^0 ma^e rules and regulations pertaining to the

meetings of the Board and its transactions, for fixing the
quorum of the Board, and for the appointment of such
committees as it may deem necessary, and for conferring
upon any of such committees power and authority to act
for the Board in and in relation to such matters as the
Board may deem it expedient to delegate to a committee
with power to act for the Board.

Appointment (2) To appoint the President of the University, the Prin-
Deans^Profe's- cipal of University College, the Deans of all the faculties,
sors, etc. Librarian, the Bursar, the Registrar of the University,

the Registrar of University College, the professors, teach-
ers and instructors of and in the University and in Univer-
sity College, and all such officers, clerks, employees and
servants as the Board may deem necessary for the purposes
of the University and University College or either of them,
and to fix their salaries or remuneration, and to define
their duties, except those of the Librarian, and their tenure
of office or employment, which, unless otherwise provided,
Proviso. shall be during the pleasure of the Board. Provided,
always, that no person shall be appointed as Principal of
University College, or as a Dean of any faculty, Oi as a
member of the teaching staff of the University, or of
any faculty thereof, or of University College, un-
less he shall have been first nominated for the posi-
tion to which it is proposed to appoint him by the Presi-
Proviso dent of the University, and provided also that no Dean
30a s. of

1906.

UNIVERSITY OF TORONTO.

Chap. 55

467

of a faculty or member of the teaching staff of the Univer-
sity, or of any faculty thereof, or of University College,
shall be promoted, and no principal of University College
or Dean of a faculty or member of such teaching staff
shall be removed from office except upon the recommenda-
tion of the President of the University, but this proviso
shall not apply where there is a vacancy in the office of
President.

(3) To make regulations respecting and to provide for the f^sand re-
retirement and superannuation of any of the persons men- tirements.;
tioned in subsection 2, or the payment of a gratuity to

any of them upon retirement, and to provide that any
superannuation or retiring allowance or gratuity shall be
paid out of a fund which may be created for that purpose
either with the moneys of the Board or by contributions
thereof from the persons aforesaid, or partly by both.

(4) Subject to the limitations imposed by any trust as to investments,
the same, to invest all such moneys as shall come to the

hands of the Board, and shall not be required to be
expended for any purpose to which it lawfully may be
applied, in such manner as to the Board may seem meet.

(5) To purchase and to take and hold by gift or devise ^uinng^nd
real property for the purposes of the University and Uni- property,
versity College, or either of them, without license in mort-
main, and every person shall have the unrestricted right

to devise and bequeath property, real and personal, for
the purposes of the University and University College, or
either of them, to the Board, or otherwise for such pur-
poses, any law to the contrary notwithstanding.

(6) To purchase and acquire all such property as the proper"" fora
Board may deem necessary for the purposes of the Univer- university,
sity and University College, or either of them.

(a) The power conferred by this subsection shall in-
clude that of purchasing the interest of any
lessee in any real property vested in the Board
which is under lease.

(7) Without the consent of the owner thereof or any Expropriation
person interested therein to enter upon, take, use and appro- of lands-
priate all such real property as the Board may deem neces-
sary for the purposes of the University and University
College, or either of them, making due compensation there-
for to the owners and occupiers thereof, and all persons

having any interest therein.

(8) The provisions of 77ie Municipal Arbitrations Act and Rev^stat0"^

of sections 437 to 467, both inclusive, of The Consolidated^ and3 Edw.

' • ' , VII., c. 19.

Municipal

468

Chap. 55.

UNIVERSITY OF TORONTO.

b' Edw. VII

Physical
training.

Selling and
leasing lands.

Municipal Act, 1903, shall mutatis mutandis apply to the
Board, and to the exercise by it of the powers conferred
by subsection 7, and where any act is by any of the said
provisions required to be done by the clerk of a munici-
pality, or at the office of such clerk, the like act shall be
done by the Bursar of the University, or at his office (as
the case may be).

malntainfrfg"1 (9) 1° acquire, hold, maintain and keep in proper order
forath°et1cty anc^ condition such real property as the Board may deem
purposes. necessary for the use of the students of the University and
University College, and each of them, for athletic purposes,
and to erect and maintain such buildings and structures
thereon as it may deem necessary.

(10) To make such regulations and provide such means
for the physical examination, instruction and training of
the students of the University and of University College as
to the Board may seem meet.

(11) To sell any of the real property vested in the Board
or to lease the same for any period not exceeding twenty-
one years to commence in possession with such right of
renewal and under and subject to such rents, covenants,
agreements and conditions as fro the Board may seem meet.

Expenditure of (12) To lay out and expend such sums as the Board may

funds in main- ; • » , i , i • . » . i

tenanceand deem necessary for tne support and maintenance of the
improvements. University and University College, and each of them, and
for the betterment of existing buildings, and the erection
of such new buildings as the Board may deem necessary
for the use or purposes of the University and University
College, and of each of them, and for the furnishing and
equipment of such existing and newly erected buildings.

Residences and (13) To laj' out and expend such sums as the Board may
dimng hails, <jeem necessary for the erection, equipment, furnishing
and maintenance of residences and dining halls for the tise
of the students of the University and of University Col-
lege, and of each of them, whether such students be gra-
duates or undergraduates, and to acquire and take over
from any corporation any rights and powers possessed by
it in respect of University residences and any property
vested in it, on such terms as may be agreed on between
such corporation and the Board, and siich corporation is
hereby empowered to enter into and to carry into effect any
agreement for the purposes aforesaid, and upon such agree-
ment being completed such corporation shall, if so provided
by the terms of the agreement, be dissolved, and its rights,
powers and property be vested in the Board.

(14) To make such rules and regulations as may to the
Board seem meet for the management, government and
control of such residences and dining halls.

(15)

Control of resi-
dences, etc. '

1906.

UNIVERSITY OF TORONTO.

Chap. 55

469

(15) To establish such faculties, departments, chairs and Establishing
courses of instruction in the University, and such depart- paCrtmentf etc.
ments, chairs and courses of instruction in University Col-
lege in any subject except theology, as to the Board may

seem meet.

(16) To provide for the federation with the University of ^||ef6nof
any college established in this Province for the promotion

of Art or Science, or for instruction in Law, Medicine,
Engineering, Agriculture or any other useful branch of
learning, on such terms as to representation on the Senate,
and otherwise, as te> the Board may seem meet, and to
enter into any agreement which may be deemed necessary
to effectuate such federation.

(17) To provide for the affiliation with the University of £0™^on of
any college established in Canada for the promotion of Art

or Science, or for instruction in Law, Medicine, Engineer-
ing, Agriculture or any other useful branch of learning, on
such terms as to representation on the Senate and otherwise
as to the Board may seem meet, and to enter into any agree-
ment which may be deemed necessary to effectuate such
affiliation.

(18) To provide for the dissolution of any such affiliation Dissolution oi
and of any existing affiliation and for the modification or
alteration of the terms thereof.

(19) To fix and determine the fees to be paid for post- Fees-
graduate instruction, and for instruction in the faculties

of medicine and applied science and engineering, and in
any other faculty that may hereafter ,be established, the
fees to be paid' by regular and occasional students in the
University and in University College for enrolment there-
in, the library fees, the laboratory fees, the gymnasium
fees, the fees for physical examination and instruction,
and the fees for examinations, degrees and certificates,
and when a federated college by arrangement with tbe
proper authorities in that behalf teaches any part of the
course in Arts, to make such a reduction in the fees, pay-
able by the students so taught in such college as may to
the Board seem reasonable.

(20) To enter into such arrangements with the governing ^"J^™^
body of any secondary or primary school as the Board and primary
may deem necessary for the purpose of or in connection schools-
with the academic work of the University or of ,any faculty
or department thereof, and the governing body of any
such school which is a Collegiate Institute, a High School,
a Technical School, or a piiblic school, shall have authority,
with the approval of the Lieutenant-Governor in Council,
to make such arrangements with the Board.

470

Chap. 55.

UNIVERSITY OF TORONTO. 6 El»W. VII

Alterations in
constitution.

Committee of
students.

Proviso.

40. The Board shall have power to modify, alter and
change the constitution of any body constituted or con-
tinued by this Act, except the Senate, and to create such
new bodies as may be deemed necessary for the purpose of
carrying out the objects and provisions of this Act, and also
to confer upon the bodies constituted or continued by this
Act, or any or either of them, and upon any new body
which hereafter may be constituted, such powers as to the
Board may seem meet, but nothing herein contained is to
be taken to authorize any abridgement of the powers by
section 54 of this Act conferred upon the Senate.

41. — (1) The Board may make provision for enabling the
students of the University, University College and the fed-
erated universities and federated colleges to appoint a repre-
sentative committee of themselves to be chosen in such man-
ner as shall be approved by the Board, and which shall
be the recognized official medium of communication on
behalf of such students between them and the Board, and
which shall have the right to make communications through
the President of the University to the Board upon any
subject in which they are or may deem themselves to be
interested. Provided, always, that nothing herein con-
tained shall take away or impair the right of any student
of or in the University or University College to make com-
plaint to the governing bodies thereof or to the Board in
respect of any matter as to which he is or may deem him-
self to be entitled to complain ; but every such complaint
shall be transmitted through the President to the Board or
to the proper governing body (as the case may be), and in
no other manner whatsoever.

federated in- (2) Nothing in this section contained is intended to or
students not r shall impair or affect the right of control which any feder-
affected. ated university or college possesses over its students.

Endowment 42. — (1) The Board shall not incur any liability or make
paired without any expenditure which has the effect of impairing the pre-
sent endowment of the University and University College,
or any addition to such endowment Avhich shall hereafter
be made, unless an estimate therefor shall have been first
made and approved by the Lieutenant-Governor in Council.

(2) In this section the term "endowment" shall mean
and include the real property which is by this Act vested
in the Board, the proceeds of any part thereof which shall
hereafter be sold, and the moneys now invested in mort-
gages or other securities which are by this Act vested in
the Board.

(3) The Board shall not incur any liability or make any
expenditure for the purchase of land or the erection of
buildings unless the same can be met and shall be provided
for out of the annual income of the year, or shall be sanc-
tioned by the Lieutenant-Governor in Council.

43.

Government.

"Endowment,
meaning of.

Expenditure
beyond
annual
income.

1906.

UNIVERSITY OF TORONTO.

Chap. 55

471

43. Save as in this Act otherwise expressly provided, Action of Board
the action of the Board in any matter with which it may ^statute**"
deal shall be by resolution or by statute, as the Board

may determine, but it shall not be essential to the validity
of any such resolution or statute that it be under the cor-
porate seal of the Board if it be authenticated in the man-
ner prescribed by the Board.

44. — (1) The accounts of the Board shall be audited at ^?d,naudit of
least once a year by the Provincial Auditor, or by some

person appointed by the Lieutenant-Governor in Council
for that purpose.

(2) The Board shall make an annual report of its trans- Annual report

, • ■ i-i x • ± j. r< n '1 1*1. to Government.

actions to the .Lieutenant-Governor m Council, m which
shall be set forth in detail the retedipts and expenditures
for the year ended on the nexit preceding thirtieth day of
J une, and of the investments as they stood at the end of
such year, and such other particulars as the Lieutenant-
Governor in Council may from time to time require.

(3) Such report shall be transmitted to the Provincial ^eht^nrs^-)trtte^0
Secretary on or before the first day of December next

after the close of the year for which it is made, and .shall
be laid before the 'Legislative Assembly within the first
ten days of its then next session.

45. No action shall be brought against the Board or£°f0sr^1et°Qen'
against any member thereof on account of anything done erai to actions
or omitted hy him in the execution of his office without the agamst Board-
written consent of the Attorney-General for Ontario.

46. If any question shall arise as to the powers and duties ^°avr"sa°f0
of the Council of University College, of the council of any deciding ques-
faculty, of the Caput, of the President, of the Principal JjJJ^f and
of University College, or of any officer or servant of theduties-
Un'iversity or of University College, the same shall be

settled and determined by the Board, whose decision shall
be final.

THE SENATE.

47. The Senate of the University shall be composed as
follows :

(1) The Chancellor of the University, the Chairman of Chancellor and
the Board, the President of the University, the Principal colleges, etc
of University College, the President or other head of every
federated university and federated college, the Deans of the
faculties of the University, and all persons who at any time
have occupied the office of Chancellor or Yice-Chancellor of
the University shall be ex-officio members.

472

Cliap. 55.

UNIVERSITY OF TORONTO.

6 EDW. A ll

presentation of . (2) The Faculties stiiall be entitled to representation as
follows :

The Faculty of Arts of the University by the profes-
sors (not including associate professors) of the faculty,
each of whom shall be a member of the Senate ;

The Faculty of Medicine by five members;

The Faculty of Applied Science and Engineering by
five members;

The Faculty of University College by three members;
The Faculty of Arts of Victoria University by three
members ;

The Faculty of Arts of Trinity College by three mem-
bers ;

And the Faculty of Arts of every university hereafter
federated with the University by three members.

The representatives of the Faculties of the University
except of the Faculty of Arts, and the representatives of
the Faculty of University College and of the Faculties of
Arts of the federated universities, shall be chosen by the
members thereof.

Graduates, re-
presentation of

universnfes One member appointed by each federated university,

andcoiieges, two members appointed by each federated college, one
and affiliated member appointed by the Law Society of Upper Can-
presentaUonof. ao"a, and subject to any Statute in that behalf one member
appointed by the governing body of every affiliated college
which now is or shall hereafter be entitled to appoint a
representative.

(4) Twelve members elected by the graduates in Arts in
the University who at the time of graduation were en-
rolled in University College; five members elected by the
graduates in Arts and Science of Victoria University and
the graduates in Arts of the University who at the time of
graduation were enrolled in Victoria College; five members
elected by the graduates in Arts and Science of Trinity
College and the graduates in Arts of the University who
at the time of graduation were enrolled in Trinity Col-
lege ; four members elected by the graduates in Medicine ;
two members elected by the graduates in Applied Science
and Engineering; two members elected by the graduates
in Law; two members elected by the graduates in Agricul-
ture; and four members elected by such persons as hold
certificates as Principals of Collegiate Institutes or High
Schools or Assistants therein, and are actually engaged in
teaching in a Collegiate Institute or a High School.

(5) A university hereafter federated with the University
shall be entitled to be represented on the Senate in the
proportion of one representative for every one hundred

m-ad nates

Universities
hereafter fed-
erated, repre-
sentation of.

1906.

UNIVERSITY OF TORONTO.

Chap. 55

473

graduates in Arts, and for any fraction of one hundred
over one-half the federated university shall be entitled
to one additional representative; provided, always, that
in no case shall the number of such representatives exceed
five.

(6) If and when any new faculty is established in the ^a™^etsabhere'
University provision may be made by the Senate, subject ,ished-
to confirmation by the Board, for the representation on
the Senate of the graduates in such faculty.

48. Members of the teaching staff of the University, of KtagSLh
University College, of the federated universities, and of^°*J°dbe
the federated and affiliated colleges, shall not be eligible

for election by any of the graduate bodies.

49. No person shall be eligible for election as Chancellor t^'aBrit-
or for election or appointment as a member of the Senate ish .subject,

i i -n-j-i i ■ i • i pit-. resident in

unless he is a British subject and a resident of the Pro- Ontario,
vince of Ontario.

60. The tenure of office of the elected and the appointed officeof senate,
members of the Senate shall be for four years, and until
their respective successors are elected or appointed.

51. If any elected or appointed member of the Senate
resigns, goes to reside out of the Province, becomes insane sennateCies ™
or incapable of acting, or becomes a member of the teach-
ing staff of any of the bodies mentioned in section 48, not

• being the body which he has been appointed to represent,
his seat shall ipso facto become vacant, and a declaration
of the existence of any vacancy entered upon the minutes
of the Senate shall be conclusive evidence thereof.

52. If any vacancy shall occur from any cause, the same ™sin senate",
shall be filled, in the case of an appointed member, by the

body possessing the power of appointment; and in case
of a member elected by the graduates or by any class of
graduates, or by the principal's of Collegiate Institutes
and High Schools, and assistants therein, such vacancy
shall be filled by the Senate, and the persons appointed
or elected to fill such vacancy shall hold office for the
remainder of the term of office of the member whose seat
has become vacant.

53. If any question shall arise touching the election of Dfeputes^as to
the Chancellor or of any elective member of the Senate, right to sit.
or the right of any person to be or sit or act as Chancelloi

or as a member of the Senate, the same shall not be raised
or determined in or by any action or proceeding in any

court,

474

Chap. 55.

UNIVERSITY OF TORONTO.

6 Euw. YII

court, but shall be determined by the Senate, whose deci-
sion shall be final.

Powers^and 54. In addition to such others as are expressly men-
senate° tioned in this Act, the Senate shall have the following
powers and perform the following duties :

Regulating
proceedings.

Degrees.

Exhibitions,
etc.

Affiliation of
colleges.

Cancelling or

suspending

degrees.

Rev. Stat.
C. 19.

Establishment
of faculties
departments,
etc.

Departments,
etc., in Univer-
ity College.

(1) To provide for the regulation and conduct of its pro-
ceedings, including the determining of the quorum neces-
sary for the transaction of business ;

(2) To provide for the granting of and to grant degrees,
including honorary degrees and certificates of proficiency,
except in theology ;

(3) To provide for the establishment of exhibitions,
scholarships and prizes ;

(4) To provide for the affiliation with the University of
any college established in Canada for the promotion of
Art or Science, or for instruction in Law, Medicine, Engin-
eering, Agriculture or any other useful branch of learn-
ing, and for the dissolution of such affiliation, or of any
existing affiliation, or the modification or alteration of the
terms thereof;

(5) To provide for the cancellation, recall and suspen-
sion of the degree, whether heretofore or hereafter granted
or conferred, of any graduate of the University who has
heretofore been or shall hereafter be convicted in the Pro-
vince of Ontario or elsewhere of an offence which, if com-
mitted to Canada, would be an indictable offence, or who
has been or shall hereafter be guilty of any infamous or
disgraceful conduct or of conduct unbecoming a graduate
of the University; for erasing the name of such graduate
from the roll or register of graduates and for requiring
the surrender for cancellation of the diploma, certificate
or other instrument evidencing the right of such graduate
to the degree of which he shall have been deprived under
the authority of any such statute ; and for providing the
mode of inquiring into and determining as to the guilt of
such graduate, and the procedure generally in respect of
any of the said matters, and for the purpose of making
such inquiry the Senate and the committees thereof shall
have all the powers which are by The Revised Statute re-
specting Inquiries concerning Public Matters conferred
upon commissioners appointed under the provisions of the
said Revised Statute ;

(6) To provide for the establishment of any faculty, de-
partment, chair and course of instruction in the Univer-
sity;

(7) To provide for the establishment of any department,
chair and course of instruction in University College in
any subject except theology;

Chap. 55.

UNIVERSITY OF TORONTO.

6 Edw. VII

475

(8) To appoint scrutineers for the counting of the votes scrutineers at
for Chancellor and for elective members of the Senate ; election!.

(9) To consider and to determine on the report of the considering

- - reports of

respective faculty councils as to the courses of study in all /acuity coun-
the faculties;

(10) To consider and determine as to all courses of study courses of
to which subsection 9 does not apply;

(11) To consider and to determine on the report of the ligation"?
respective faculty councils as to the appointment of exam-
iners, and the conduct and results of the examinations in

all the faculties ;

(12) To provide for the appointment of the examiners for university
and for the conduct of all University examinations other

examinations.

than those in the faculties of the University and for the
determining of the results of such examinations.

(13) To hear and determine appeals from decisions of the ^uityVour?
faculty councils upon applications and memorials by stu- eiis.
dents and others ;

(14) To consider all such matters as shall be reported to^ports^rom
it by the Council of any faculty, and to communicate ciis.

its opinion or action thereon to the Council;

(15) To provide for the representation on the Senate of ^l^e"^\on
any faculty which may hereafter be established in the Uni- ties on seuate.
versity, and of the graduates in such faculty, if, in the

opinion of the Senate, provision should be made for separ-
ate representation of such graduates;

(16) To provide for the preparation and publication of Calendars-
the Calendars, which shall include those of University Col-
lege and the federated universities, or such of them as may
desire that their calendars shall be inserted therein ;

(17) To make rules and regulations for the management Moravian"111
and conduct of the Library, and to prescribe the duties of

the Librarian ;

(18) To make such changes in the composition of the ^yf1^00111"
Senate as may be deemed expedient; senate?0

(19) To make such recommendations to the Board as yons To^oard.
may be deemed proper for promoting the interests of the
University and of University College, or for carrying out

the objects and provisions of this Act.

55. — (1) Nothing in section 54 contained shall authorize R^hts of feder-
the Senate to make any change in its composition which ties as to senate
shall affect the rights of representation thereon of a f eder- preserved"'011
ated university or the faculty of Arts thereof, or of a feder-
ated

476

1906.

UNIVERSITY OF TORONTO.

Chap. 55

Senate may
take initiative
in changing
courses of
study.

ated college, or of the graduates of a federated university,
unless the same shall be assented to by the federated uni-
versity or college affected by such change.

(2) Nothing in this Act contained shall prevent the
Senate from taking the initiative in determining as to any
course of study or any change therein, but before passing
any statute providing therefor the Senate shall refer to the
appropriate faculty council the proposition under consid-
eration for inquiry and report thereon by such faculty
council.

staunes of ^ 56. A certified copy of every statute or other enactment
certain matters of the Senate providing for any of the matters or things
to^ppwvafof mentioned in section 54 and therein numbered 3, 4, 5,
Board. 6, 7, 9, 10, 15, 17 and 18 shall within ten days after

the passing thereof, be transmitted to the Board, and no
snch statute or enactment shall have force or effect until
it has been approved by the Board.

how^ompose'd- ^ ■ Convocation shall consist of all the graduates of the

University and of the federated universities.

Powers of con-
vocation.

Regulations as
to proceedings.

Appointment
and duties of
clerk.

Presiding
officer.

Representa-
tions to Board
and Senate.

Fee of members

Executive
Committee.

58. Convocation shall have power :

(1) To make regulations for governing its proceeding
and the mode of conducting the same, and keeping records
thereof ;

(2) To appoint a Clerk of Convocation, and to prescribe
his duties;

(3) In case of the absence of the Chancellor, to elect a
presiding officer for any meeting thereof;

(4) To consider all questions affecting the interests and
well-being of the University, and to make representations
thereon to the Board and to the Senate;

(5) To require a fee to be paid by the members as a con-
dition of their being placed on the register of members,
and to provide that no member whose name does not appear
in such register shall be entitled to take any part in the
proceedings of Convocation;

(6) To appoint an Executive Committee and to confer
upon it such powers as to Convocation may seem meet.

Meetings of
convocation.

59. Convocation shall meet when convened by the Chan-
cellor, and also at such times and places as may be fixed
by Convocation by regulation in that behalf, and in the
absence of such regulation, as may be fixed by Convocation
or by the Executive Committee thereof, and it shall be the
duty of the Board to provide a suitable place for its meet-
ings.

60.

1906.

UNIVERSITY OF TORONTO.

Chap. 55 477

60. Notice of all meetings shall be sriven in such manner Notice of
as may be prescribed by Convocation by regulation in that meetingh-
behalf, and in the absence of such regulation as may be
directed by Convocation or by the Executive Committee
thereof.

61. A true copy of the minutes of the proceedings of sentutes to be
every meeting of Convocation shall be transmitted without

unnecessary delay to the Board and to the Senate.

62. All questions shall be decided by the vote of the ma- rJeclde.™*6
jority of the members present.

63. The Chairman or presiding officer shall be entitled to chairman may

• n • vote as member

vote as a member of Convocation, and any question on
which there is an equality of votes shall be deemed to be
negatived.

64. No question shall ;be decided at any meeting unless Quorum,
at least twenty-five members are present.

65. If at least twenty-five members by writing under special meet-
tkeir hands, setting forth the objects thereof, require the '."f]SeJhow
Chairman to convene a special meeting of Convocation, it

shall be the duty of the Chairman to call the same without
any unnecessary delay.

66. No matter shall be considered at any such meeting Special meet-
except that for the consideration of which the meeting fined°toobject.
shall have .been called.

67. There shall be a Chancellor of the University, who Chancellor-
shall be elected by the graduates thereof at the time and

in the manner hereinafter mentioned.

68. The Chancellor shall be the Chairman of Convoca- chancellor to

. be chairman of

tlOU. convocation.

69. All degrees shall be conferred by the Chancellor, or, coSIenJibr
in case of his absence, or of their being a vacancy in the chancellor or
office of Chancellor, by the President, or, in case of the presillent-
absence of both of them, or of both offices being vacant, by

some member of a faculty of the University, to be appointed
for the purpose by the Senate.

70. The Chancellor shall hold office for four years, and Termofoffice-
until his successor is chosen.

478

Chap. 55.

UNIVERSITY OF TORONTO. 6 EDW. YII

Vacancy in
office of
chancellor.

71. If the Chancellor dies, goes to reside out of the Pro-
vince, or becomes insane or otherwise incapable of acting,
he shall ipso facto vacate his office, and a declaration of
the existence of such vacancy by the Senate entered upon
its minutes shall be conclusive evidence thereof.

Filling
vacancy.

72. In the case of a vacancy in the office of Chancellor
caused by death, resignation or otherwise, before the term
of office for which the Chancellor was elected has expired,
the vacancy shall be filled by the appointment by the Sen-
ate at a special meeting thereof called for the purpose, of
which at least thirty days' notice shall be given, of a suc-
cessor, who shall hold office for the remainder of the term
for which the Chancellor shall have been elected.

Faculty of There shall be a faculty council to be known as "The

Arts. Council of the Faculty of Arts."

Goniposition of
council .

Proviso.

74. It shall consist of the President of the University,
the Principal of University College, the President or other
head of every federated university, the Dean of the Faculty
of Arts, the teaching staff in the Faculty of Arts of the
University, the teaching staff of University College,
the teaching staff in the Faculty of Arts of Vic-
toria College, of Trinity College, and of every other
university hereafter federated with the University,
one professor in the department of religious knowledge
appointed by the theological faculty in each federated uni-
versity whether now or hereafter federated, and one pro-
fessor appointed by each of the federated colleges.
Provided, always, that the lecturers and instructors
whose appointments are temporary, shall not for the pur-
pose of this section be deemed to be members of the teach-
ing staff, and provided, also, that the lecturers and in-
structors who are members of the Council shall act as asses-
sors only, and shall not be entitled to vote.

dutilsSofnd 75 Tne Powers and duties of the Council of the Faculty
council. of Arts shall be :

Regulating
procedure.

Courses of
study.

(1) To make rules and regulations for governing its pro-
ceedings, including the determining of the quorum neces-
sary for the transaction of business;

(2) To fix and determine the courses of study in Arts,
subject to the approval of the Senate;

Examiners and (3) Subject to the approval of and confirmation by the
examinations. genafe> t0 appoint the examiners for and to conduct the

examinations of the Arts courses, and to determine the

results of such examinations;

(4)

1906.

UNIVERSITY OF TORONTO.

Chap. 55 479

(4) To deal with and, subject to an appeal to the Senate, Applications

and memorials

to decide upon all applications and memorials by students by students
or others in connection with the Faculty of Arts; '

(5) To consider and report to the Senate upon such mat- senate. t0
ters affecting the Faculty of Arte as to the Council may

seem meet.

(6) For the purposes of this section the term "the ^^|a°fin
Faculty of Arts" shall mean and include the teaching of. ' meamng
bodies and persons mentioned in section 74.

76. There shall also be a Council for every other faculty council for
of the University now or hereafter established, and a Coun- faculty. er
cil for University College.

77. The Council of University College shall consist of council of
the Principal and the teaching staff thereof and the Coun- college3*7
cils of the said other faculties shall consist of the respec-
tive teaching staffs thereof.

78. "Teaching staff" shall have the limited meaning "Teaching
given to it in the provisions of this Act relating to the ingff0f.mean"
Council of the Faculty of Arts, and the lecturers and
instructors who are members of such Councils shall act

as assessors only, and shall not be entitled to vote.

79. The powers and duties of the Faculty Councils pro- Powers and
vided for by section 76 shall be : tycouncii^1'

(1) To make rules and regulations governing their pro- Regulating
ceedings, including the determining of the quorum neces- procedure,
sary for the transaction of business ;

(2) Subject to the provisions of this Act, and to theRuIesand
approval of the Board, to make rules and regulations f or regulations,
the government, direction and management of their respec-
tive faculties and the affairs and business thereof ;

(3) To fix and determine the courses of study in their Courses of
respective faculties, subject to the approval oi the Senate; study-

(4) Subject to the approval of and confirmation by the Examiners and
Senate, to appoint the examiners for and to conduct the examinations,
examinations of the courses in their respective faculties,

and to determine the results of such examinations ;

(5) To deal with and, subject to an appeal to the Senate, Applications
to decide upon all applications and memorials by students from™tudentsS
and others in connection with their respective faculties;

(6) To consider and report to the Senate upon sxich mat- Reporrto
ters affecting their respective faculties as to the Councils

may seem meet.

80. Except in the case of the Council of the Faculty of Deantobe
Arts, the Dean shall be Chairman of the Council of the chairman of
Faculty of which he is Dean. excepS*7

81.

480

Chap. 55.

UNIVERSITY OF TORONTO.

6 Edw. VII

council of 81. The powers and duties of the Council of University
iDegeTowe™0'- College shall be:

and duties.

Governing (1) To make rules and regulations for governing: its own

procedure. j • • i j • ±i j ± • ■ i> j ■■

proceedings, including the determining of tne quorum
necessary for the transaction of business ;

univereuy611101 (2) Subject to the provisions of this Act and to the appro-
coiiege.i vjj 0f the Board, to make rules and regulations for the
government, direction and management of University Col-
lege and the affairs and business thereof;

fxaTinauons.*1 (3) To appoint the examiners for and to conduct the
examinations of University College;

Report to Board (4) To consider and report to the Board and to the Sen-

and Senate. x/ r . _ .

ate or to either of them upon such matters aftectmg Uni-
versity College as to the Council may seem meet.

cSan4^ 82. The Principal of University College shall be the
council. Chairman of the Council thereof.

exhJfficlonmem-e 83. The Librarian of the University shall be ex-oflicio a
ber of councils, member of all faculty councils and of the Council of Uni-
versity College.

composed. how 84-. Unless and until otherwise provided by the Board,
there shall be a Committee to be called the Caput, which
shall be composed of the President of the University, who
shall be the Chairman thereof ; the Principal of Uni-
versity College, the heads of the federated universities, the
heads of the federated colleges, and the Deans of the facul-
ties of the University, and the presence of at least five of
the members of the caput shall be necessary to constitute
a quorum for the transaction of business.

Powers and 85. The Caput shall have the following powers and per-
duties. form the following- duties :

Time tables for <\\ To fix and determine the time tables for the lectures

JGCtur6-S etc. _ . .

and other instruction in the University which affect more
than one facultjr, or which affect University College, or
a federated university or college ;

Authorizing (2) To authorize such lecturing and teaching in the Uni-
teacinn'g. and versify by others than the duly appointed members of the

teaching staff thereof, and to prevent all lecturing and

teaching not so authorized ;

powersinary exercise the powers as to discipline conferred upon

it by sections 96 to 99 inclusive of this Act;

ed^capufby" (4) Generally to deal with all such matters as may be

conferred upon the Senate by this Act

ea 10 caput oy > i — ./ , - .

Board or assigned to it by the Board or by the Senate, provided, in
the latter case,* that such matters fall within the powers

1906.

UNIVERSITY OF TORONTO.

Chap. 55

481

8G. A copy of every general rule or regulation made by £tionS°torbeU"
the Caput shall be transmitted to the Board, and no such approved
general rule or regulation shall have any force or effect Board\
until it has been approved by the Board.

87. The Caput may advise the President in all matters
affecting the academic interests of the University, but the
powers of the President shall not be subject to its control.

88. — (1) There shall be a President of the University who president of
shall be the chief executive officer thereof, and shall have university,
general supervision over and direction of the academic

work of the University, and the teaching staff thereof, and
the officers and servants employed in or in connection with
such work, including the Registrar of the University, and
shall also have such other powers and perform such other
duties as from time to time may be conferred upon or
assigned to him by the Board.

(2) He shall be a member of all faculty councils, and j^be ^mem-
Chairman of the Council of the Faculty of Arts. faculty coun-

J cils.

(3) He shall be Chairman of the Senate. Chairman of

Senate.

(4) In the absence of the Chancellor, he shall confer all to comer de-

1 grees in absence

degrees. ol chancellor.

(5) He shall call meetings of the Council of the Faculty To ca]1 meet
of Arts in accordance with the regulations of the Council, of council
and also when requested to do so by at least five members Artsaculty °f

thereof.

(6) He shall have power to suspend any member of the suspending
teaching staff of the University and of University College, ™^™bersof
and any officer and servant mentioned in subsection 1

and when he shall exercise such power he shall forthwith
report his action to the Board, with a statement of his
reasons therefor.

(7) He shall make recommendations to the Board as to Rec0mmenda-
all appointments to and all promotions in, and removals ^to appoint
from the teaching staff of the University, and of University ments, etc.
College (including the Principal), and of the officers and
servants mentioned in subsection 1.

(8) He shall have the right to summon meetings of any Summoning
faculty council, and of the Council of University College, meetings of

11 j . -, i , , , faculty coun-

wnenever he may deeai it necessary to do so, and to take oils,
the chair at any meeting thereof at which he may be pre-
sent.

(9) He may also, at his discretion, convene joint meet- convening
ings of all the faculty Councils and the Council of Univer- 0f councOsing
sity College or of any two or more of them.

(10) He shall report annually to the Board and to the Annual report
Senate upon the progress and efficiency of the academic toBoard-
work of the University and of University College, and as

31 S. to

482

Chap. 55.

UNIVERSITY OF TORONTO.

6 Edw. VII.

to their progress and requirements, and make such recom-
mendations thereon as he may deem necessary, and he ehall
also report upon any matter which may be referred to him

by the Board or by the Senate.

expresTpowers ^ne enumeration of the express powers mentioned in

not to limit subsections 4 to 11, inclusive, shall not be taken to limit the

general powers. n n -, n n , • -,

general powers conferred by subsection 1.

appometnasin> 89. Subject to the provisions of section 91 in case of
oVabsenc^or ^is absence or illness the President may appoint a member
illness. 0f any faculty to act in hrs stead, and if there is a vacancy

in the office of President, or if no appointment is made, the
Board may appoint a member of any faculty to act pro
tempore, and, failing an appointment, and until it is made,
the Dean of the faculty of Arts of the University shall act
as President pro tempore.

Presfdent pro ^0. Person acting pursuant to any such appointment

tem- shall have and may exercise all the powers and shall per-

form all the duties of President, but not those as to ap-
pointments, promotions and removals, unless he shall be
requested by the Board to do so.

toac^asPresi-1 91. When and so long as there is a Vice-President of the
dent pro tem. University he shall act for the President in case he is
absent or ill, if there is a vacancy in the office, or at the
request of the President, and while so acting the Vice-Pre-
sident shall have and may exercise all the powers and shall
perform all the duties of President, but not those as to
appointments, promotions, and removals, unless he shall
be requested by the Board to do so.

Principal of 92.— (1) There shall be a principal of University College,
College!"7 who shall be the chief executive officer thereof, and shall
have general supervision over and direction of the academic
work of University College and the teaching staff thereof,
and the officers and servants employed in or in connection
with such work, including the Registrar of University Col-
lege, and shall also have such other powers and perform
such other duties as from time to time may be assigned to
him by the Board.

ofFacuiTyo?61" (2) He slia11 fce a memnei' of tne Council of the Faculty
Arts. of Arts.

To can meet- (3) He shall call meetings of the Council of University
ofSUniTeraity College in accordance with the regulations of the Council,
College. anj when requested to do so by at least five members
thereof, and also whenever he may see fit.

31a S. '4)

1906.

UNIVERSITY OF TORONTO.

Chap. 55.

483

(4) He shall have power to suspend any member of the May suspend
teaching staff o'f University College, and any officer and Xfl^of rf°f
servant mentioned in subsection 1, and when he shall exer- college,
cise such power he shall forthwith report his action to the
President with a statement of his reasons therefor.

(5) He shall report annually to the Board and to the Annual report

n ■ . t -i /v> • « , i i • to Board and

Senate upon the progress and emciency of the academic senate,
work of University College, and as to its progress and
requirements, and make such recommendations thereon as
he may deem necessary, and he shall also report upon any
matter which may be referred to him by the Board or by
the Senate, and his reports shall, in all cases, be made
through the President.

(6) In case of the absence or illness of the principal Absence oi
he may appoint a member of the teaching staff of Univer- officTof
sity College to act for him and failing an appointment and Principal,
until it is made by him, or if there be a vacancy in the

office of principal the senior member of the teaching staff
of University College shall act as principal pro tempore.

93. There shall be a Registrar for the University and a Registrars'for
Registrar for University College, and the offices shall not JJ^^^ and
be held by the same person. college.

94. The Council of University College, and the governing Disciplinary
bodies of the federated universities and colleges, shall, governing" £°f
respectively, have disciplinary jurisdiction over and entire bodies,
responsibility for the conduct of their students in respect

of all matters arising or occurring in or upon their respec-
tive college buildings and grounds, including residences.

95. The councils of such of the faculties as shall have Disciplinary
assigned for their separate use any building or build- |a^yCtionof
ings and grounds, including residences, shall have disci- councils,
plinary jurisdiction over and entire responsibility for the
conduct of all students in their respective faculties in

respect of all matters arising or occurring in or upon such
building, or building and grounds.

96. In all other cases, and, save as aforesaid, as respects Disciplinary
all students to whatsoever college or faculty they may be- ^ri®|ictiGn of
long, disciplinary jurisdiction shall be vested in the Caput,

but the Caput may delegate its authority in any particular
case or by any general regulation to the council or other
governing body of the university or college or faculty to
which the student belongs.

97. The Caput shall also have power and authority to control of T
determine by general regulation, or otherwise, to what col- Sonlf6 associa"

lege

484

Chap. 55. university of Toronto.

6 Einv. VII.

lege, faculty or other body the control of university asso-
ciations shall belong.

caputasfto tnere s^all be any question as to the proper body to

discipline. exercise jurisdiction in any matter of discipline which may

arise, the same shall be determined by the Caput, whose

decision shall be final.

Power to im- 99. Disciplinary jurisdiction shall include the power to

pose fines. 0

impose tines.

Power to abro- 100. As respects the conduct and discipline as students of
provisions as to the University of all students registered in the University
discipline. £0 whatsoever college or faculty they may belong and as
respects all students enrolled in University College the pro-
visions of sections 94 to 99 may be abrogated or changed
by the Board.

of senate,

First election 101. — (1) The first election under this Act of the Chan-
andhmembe0rs cellor and of the elective members of the Senate shall take
place and be held in the present year, and the present in-
cumbents of the said offices and the appointed members
of the Senate, unless they shall be re-elected or re-ap-
pointed, shall cease to hold office immediately after the
meeting of the Senate next following the holding of such
election.

Quadrennial (2) The elective members of the Senate shall be elected
senate"3 °£ and the appointed members thereof shall be appointed
thereafter quadrennially.

102. The Registrar of the University shall, after the fif-
teenth day of June, and before the fifteenth day of August
in every year in which an election is to take place, prepare
an alphabetical list to be called "The Election Register,"
of the names and known addresses of all graduates who are
entitled to vote at any such election.

Register to be 103. The election register shall be posted up in a con-
offices of in sPicu°us place in the office of the Registrar not later than
Registrar. the fifteenth day of August in .every such year, and shall be

open to inspection by any graduate entitled to vote, at all

reasonable hours.

Persons not to 104. No person whose name does not appear in the elec-
nameToif5 tion register shall be entitled to vote at any such election.

when election 105. If from any cause the election register is not pre-
duTy 'prepared . pared at the time and in the manner provided by this Act,

the

1906. UNIVERSITY OF TORONTO. Chap. 55. 485

(he Board shall make provision for the preparation thereof,
and all the provisions of this Act as to the election regis-
ter, except those relating to time, shall apply to the elec-
tion register which shall be so prepared.

106. For the purposes of all elections at which graduates List °^^ut0
of a federated university are entitled to vote, the Registrar 'vote to be tur-
of such University shall on or before the fifteenth day of derated
J une in each year in which an election at which such university,
graduates are entitled to vote is to be held, furnish to the
Registrar of the University a list of the names of all gra-
duates of such federated university who are entitled to
vote, with their post office addresses as far as the same are
known.

107. The Education Department shall, upon the applica- Education
tion of the Registrar of the University, furnish him, on or tomshiStof0
before the first day of August in such year, with a list of PriP«p^s.*nd
all principals of and assistants in Collegiate Institutes High schools,
and High Schools who are actually engaged in teach-
ing in a Collegiate Institute or High School, with their
post office addresses as far as known.

108. The Registrar, in preparing the election register, separate lists
shall make separate lists (1) of the graduates in ciassel^rDer-
Arts of the University enrolled in University Col- s°n| entitled to
lege; (2) of the graduates in Arts of each feder-
ated university, includng graduates of the Univer-
sity who were at the time of graduation enrolled
in the federated university; (3) of the graduates in Medi-
cine; (4) of the graduates in Law; (5) of the graduates in
Applied Science and Engineering; (6) of the graduates of
each and every other faculty in the University hereafter
constituted, the graduates of which are entitled to elect
representatives; (7) of the graduates in Agriculture; and
(8) of the principals of and assistants in Collegiate Insti-
tutes and High Schools actually engaged in teaching in a
Collegiate Institute or High School, and such lists shall be
the voters' lists for the election.

109. If any person whose name appears or ought to appear Complaints as
in any election register complains in writing to the Regis- om^ssTonsTn
trar of the University, not later than ten clear days before hsts-
the second Wednesday of the month of September in the
year in which the election is to be held, that his name or
that of any person which ought to appear therein has
been omitted from such register or of any error in such name
as it appears therein, or that the name of any person whose
name ought not to be entered in the register appears there-
in, the Registrar shall forthwith examine into the coin-
plaint, and after such notice as he may deem necessary to

any

486

Chap. 55.

UNIVERSITY OF TORONTO.

6 Edw. VII.

any person whose name is sought to be stricken from such

Appeal from
decision of
registrar.

110. The decision of the Registrar shall be subject to
appeal to the President of the University.

Nomination of
chancellor.

111. No person shall be elected as Chancellor, or as a
member of the Senate, unless he has been nominated as
hereinafter mentioned, and every vote cast for any person
not so nominated shall be void.

Nomination to
be in writing.

112. The nomination shall be in writing by a nomination
paper, which shall be signed by at least ten of the persons
entitled to vote at the election.

nomination 113. The nomination paper shall be delivered at the office
tra?er t0 regis °^ Registrar, or, if sent by mail, shall be received there
not later than the first Wednesday in September of the
year in which the election is to take place, and if not so
delivered or received shall be invalid, and shall not be
acted upon.

Refusal to
become a
candidate

114. Any person who is nominated for the office of
Chancellor or as a member of the Senate may refuse to
become a candidate for the office for which he shall have
been nominated and he shall be deemed not to have been
nominated, and his name shall not be included in the list of
candidates if he shall notify the Registrar in writing of
his refusal within four days after the day upon which the
time for nominations shall have expired.

Election by ac
clamation.

115. In case one person only is nominated for the office
of Chancellor within the time fixed for that purpose he shall
be elected to and be entitled to hold that office.

Election of
senate by ac-
clamation.

116. In case only such number of persons as are required
to be elected as members of the Senate are nominated within
the time fixed for that purpose the persons so nominated
shall be elected to and be entitled to hold the office for which
they were respectively nominated.

Report of result 117. The Registrar shall report to the Senate at its next
senate.1'0" t0 meeting the results of any such election.

Voting papers 118. In case a poll is necessary the Registrar shall on or
graduates*0 before the second Wednesday in the said month of Sep-
tember send by mail to every graduate who, according to

the

1906.

UNIVERSITY OF TORONTO.

Chap. 55.

487

the election register, is entitled to vote at the election, and
whose place of residence is shewn in such register, or is
known to the Registrar, a voting paper in the form set out
in schedule 1 to this Act, together with a list of the
persons whose term of office is expiring, and of all persons
who have been nominated.

119. The votes shall be given by closed voting papers, how
which shall be delivered, or, if sent by mail, shall be re-
ceived at the office of the Registrar not earlier than the
second Wednesday of the said month of September, and

not later than the first Wednesday of October following,
both days inclusive, and every voting paper which has not
been furnished by the Registrar, or which is not so deliv-
ered or received as aforesaid shall be invalid, and shall
not be counted.

120. Two persons to be appointed by the Senate for that scrutineers,
purpose, shall be the scrutineers; but, if the Senate does

not at least two weeks previous to the time fixed for the
counting of the votes appoint the scrutineers, it shall be
the duty of the President to make the appointment.

121. — (1) The voting papers shall, upon the next day Opening and
after the time for receiving the same has expired, be opened countmg votes-
by the Registrar, and such persons as may be ap-
pointed by the President to assist in the opening
thereof, in the presence of the President and of the scrutin-
eers to be appointed as hereinbefore mentioned, who shall
examine and count the votes and keep a record thereof in a

book to be provided for that purpose, and the opening of the
voting papers and the counting and recording of the votes
shall be continued from day to day until the same are com-
pleted.

(2) In case the President is unable to be present, he shall
appoint some person to act in his stead.

122. Any person entitled to vote at the election may be who may be
present at the opening of the voting papers and the counting count" a
and recording of the votes.

123. If more than one name appears upon a voting paper when voter
for Chancellor the vote shall be invalid, and shall not be voTes thai?
counted, and if more names than the number to be elected entltIedt°-
appear on a voting paper for members of the Senate
the votes shall be counted as votes for the persons
whose names appear thereon in consecutive order, be-
ginning with the first until the required number is reached,
and all other votes thereon shall be invalid, and shall not
be counted.

124.

488

Chap. 55.

UNIVERSITY OF TORONTO.

6 Edw. VII.

Declaration of 124. Upon the completion of the scrutiny and counting of
the votes the President or other person acting in his stead
and the scrutineers shall declare the result of the
election, setting forth the number of votes cast for every
person who lias been nominated, and shall, without delay,
report the same in writing under their hands to the Senate.

Senate to have 12o. In case of an equality of the votes given for two or

casting vote. /• rn n .e i i

more persons for Chancellor or lor a member or members
of the Senate, which leaves the election undecided, the
Senate shall, at its next meeting, give the casting vote or
votes necessary to decide it.

nateheideas°n If from any cause any election provided for by this

provided. Act shall not be held as hereinbefore provided, the Board
shall make provision for holding the same and fix the dates
for the nominations and the other proceedings for taking,
counting and recording the votes thereat and declaring the
result thereof, and such. proceedings shall, as far as may
be practicable, be made conformable with those provided
by this Act.

Course of in-
struction in
Arts.

University
courses.

University

College

Courses.

127. The course of instruction in the Faculty of Arts
shall be apportioned between the University and University
College as follows :

(1) In the University instruction shall be given in Mathe-
matics, Physics, Astronomy, Geology, Mineralogy, Chem-
istry, Biology, Physiology, History, Ethnology, Compara-
tive Philology, Italian, Spanish, History of Philosophy,
Psychology, Logic, Metaphysics, Education, Political
Science, including Political Economy, Jurisprudence and
Constitutional Law, and Constitutional History, and in
such other subjects as, from time to time, may be deter-
mined by statute in that behalf.

(2) In University College instruction shall be given in
Greek, Latin, Ancient History, English, French, German,
Oriental Languages and Ethics, and in such other subjects
as may, from time to time, be determined by statute in
that behalf, but not in theology.

ponsentof 128. The subjects of instruction assigned by section

versitiesre- 127 of this Act to the University and University Col-
feToT'subjec'ta! lege, respectively, shall not be transferred from the one to
the other except by the direction of the Board, and no such
direction shall be made unless with the consent of the feder-
ated universities.

University 129. — (1) The curriculum in Arts of the University shall

Arte'to^nciude iuclude the subjects of Biblical Greek, Biblical Literature,

Christian

1906.

UNIVERSITY OF TORONTO.

Chap. 55.

489

Christian Ethics, Apologetics, the Evidences of Natural certain theo-

and Eevealed Religion and Church History, but any pro- "^subjects.

vision for examination and instruction in the same shall be

left to the voluntary action of the federated universities

and colleges, and provision shall be made by a system of

options to prevent such subjects being made compulsory

upon any candidate for a degree.

(2) The options provided for by subsection 1 shall be Distribution of
evenly distributed over each year of the general or pass yearsof °Yer
course, and as far as practicable over each of the honour course-
courses.

130. The Board, with the consent of the federated univer- Attendance at
aities, but not otherwise, may provide that attendance by derated11
a student enrolled in University College upon instruction universities,
in the subjects assigned to University College or any of
them, in any <f the federated universities, shall be equiva-
lent to attendance in University College, and that such
attendance by a student enrolled in a federated university,
in University College, shall be equivalent to attendance in
such federated university, and may prescribe the terms and
conditions upon which any such attendance upon instruc-
tion may take place.

131. Save as otherwise provided by the Board, a profes- Interchangeo
sor, lecturer or teacher of University College may give in- lectures with
struction at or to the students enrolled in any feder- universities,
ated university in any of the subjects of instruc-
tion from time to time assigned to University College, and
a professor, lecturer or teacher of any federated university
may give instruction at or to the students enrolled in Uni-
versity College in any of such subjects of instruction.
Provided, always, that the consent of the Principal of
University College and of the federated university or uni-
versities concerned and the approval of the Senate shall
have been first obtained.

132. Instruction in Arts in the University (except post- j t ti in
graduate instruction) shall be free to all regular matricu- Arts to be free
lated students thereof who are enrolled in University Col- certain "fees,
lege or in a federated university, and who enter their

names with the Registrar of the University, but this pro-
vision shall not include exemption from laboratory fees,
gymnasium fees, or fees for physical examination or in-
struction.

133. The table of fees now prescribed for University Minimum
College shall be the minimum table of fees for University table of fees.
College and for the Arts faculties of the federated universi-
ties

490

Chap. 55.

UNIVERSITY OF TORONTO.

6 Edw. A ll.

ties, and no reduction shall be made in such minimum un-
less with the consent of the Board and of the federated uni-
versities.

Attejidance ;on 134:. Attendance upon instruction in University College
qualification to or in a federated university by a student enrolled therein
exhiwtfons' shall entitle such student to present himself for any Arts
etc- examination in and to proceed to any degree in Arts of the

University, and to compete for any exhibition, scholar-
ship, prize or certificate of proficiency in Arts awarded or
granted by the University in the same way and to the same
extent as if he had attended upon such instruction in the
University.

135. If and as far as may be sanctioned by the Senate
and approved by the Board, the provisions of section 134
shall apply to attendance by a student of a federated or
affiliated college upon instruction therein.

university 136. — (1) All students proceeding to a degree in Arts in
Arts,enroi- the University, unless in cases for which special provision
shall be made to the contrary by statute of the Senate, shall
be enrolled in University College or in a federated univer-
sity.

Reffistration:!of (2) Subject to the provisions of the statutes of the Sen-
ate in that behalf, all students proceeding to a degree in
any faculty of the University other than that of Arts, unless
in cases for which special provision shall be made to the
contrary by statute of the Senate, shall be registered in the
University and receive their instruction therein, except in
the subjects in which by or under the authority of subsec-
tion 2 of section 127 instruction is or may be provided for
in University College, as to which it shall be sufficient if
being a student enrolled in University College or a feder-
ated university he has received instruction therein.

occasional and (3) All occasional and graduate students shall also be
ltrudentee registered in. the University.

Admission of 137. Persons who have not received their instruction in
s^enteofXtlie University, or in University College, or in a federated
university. university or college, or in an affiliated college, may be
admitted as candidates for examination for standing or for
any degrees, honours, scholarships or certificates of profi-
ciency authorized to be granted or conferred by the Univer-
sity on such conditions as the Senate may, from time to
time, determine.

^radmfssion! 138. — (1) No student enrolled in University College or in
examhfauons " federated university or college or in an affiliated college

shall

1906.

UNIVERSITY OF TORONTO.

Chap. 55. 491

shall be permitted to present himself for any university
examination subsequent to that for matriculation without
producing a certificate that he has complied with the re-
quirements of such university or college affecting his admis-
sion to such examination.

(2) A student enrolled in an affiliated college may, sub- ^"of/edin
ject to the provisions of subsection 1 and of any statute in afflicted
that behalf of the Senate, present himself for any Omver- 00 eges'
sity examination subsequent to that for matriculation lead-
ing to a degree in that branch of learning in which instruc-
tion is given in such college. Provided, always, that such
student shall not be entitled, unless by special permission r lls '
of the Senate, to present himself for any examination lead-
ing to a degree in Arts or in any other faculty of the Uni-
versity.

139. Every graduate's diploma and student's certificate of fxf^^^'
standing, in addition to being signed by the proper auth- to indicate
ority in that behalf of the University, shall indicate the university or
federated university or college or affiliated college in which college-
such student was enrolled at the time of his graduation or
examination, and shall be signed by such professor, teacher

or officer of the federated university or college or affiliated
college as the governing body thereof may determine.

140. — (1) For the purpose of making provision for the ^"unfversftyof
maintenance and support of the University and of Univer- portion of
sity College, there shall be paid to the Board out of the Con- succession0111
aolidated Revenue of the Province yearly and every year duties.

a sum equal to fifty per centum of the average yearly
gross receipts of the Province from succession duties.

(2) The said annual sums shall be paid in equal half-year- How payable,
ly instalments on the first day of July and the first day of
January in each year, the first of which shall be paid on

the first day of July next, and the average yearly gross
receipts of the Province from succession duties shall be
determined by and be based upon the gross receipts from
such duties of the three years ended on the 31st day of
December next preceding the day on which the first instal-
ment of the year is to be paid.

(3) If in any year the amount which shall be payable to when amount
the Board under the provisions of subsections 1 and 2 shall excess of
•exceed the amount of the estimated expenditure for the expenditure,
maintenance and support of the University and of Uni-
versity College for the academic year in respect of which

such sum is payable, it shall be lawful for the Lieutenant-
Governor in Council to direct that the excess shall be added
to the permanent endowment of the University and Uni-
versity College, or that the same shall be set apart by the
J3oard as a contingent fund to provide for the event of the

amount

492

Chap. 55.

UNIVERSITY OF TORONTO.

6 Edw. VII.

amount which shall be payable to the Board as aforesaid
being in any future year or years insufficient to defray the
cost of such maintenance and support as aforesaid ; or that
the same be applied in expenditures on capital account;
of that such excess shall be applied or dealt with wholly
or in part in each or any or either of the said ways, and to
direct if it shall be deemed proper to do so that except in so
far as such excess shall not be directed to be applied or
dealt with in manner aforesaid that the same shall not be
paid to the Board and in every such case the sum which
would otherwise be payable to the Board shall be reduced
accordingly.

(4) The Lieutenant-Governor in Council may direct that
there shall be deducted from the first payment to be made
to the Board under the provisions of this section, such sum
as he may determine to be equal to so much of the pro-
posed expenditure by the Board for the latter half of the
current year for the maintenance of the Faculty of Applied
Science and Engineering as has been provided for by the
appropriations for the current year out of the Consolidated
Revenue for the maintenance of the School of Practical
Science which are by section 13 of this Act vested in the
Board.

Rights of 141. Nothing in this Act contained shall impair or preju-

under^iedera?6 dicially affect the rights of Trinity College under those
tion agreement provisions of the agreement made between the Trustees of
the University of Toronto of the first part and Trinity
College of the second part and bearing date the twenty-
fifth day of August, 1903, which are set out in schedule
2 to this Act, but such provisions shall continue to be and
shall remain binding on the University.

Arrangements 142. — .(1) The Board shall have power to make such ar-
Trinft™°coiiege rangement as it may deem expedient for the purpose of
to Queen's facilitating the removal of Trinity College to Queen's Park.

and to that end to agree to such modifications and alterations
of the terms of the said agreement bearing date the twenty-
fifth day of August, 1903, under the provisions of which
Trinity College became federated with the University, and
to agree to such additional or substituted terms, financial
or otherwise, as to the Board may seem meet, but no such
agreement shall have any force or effect until it has been
approved by the Lieutenant-Governor in Council, but when
so approved such agreement shall have the same force and
effect as if the terms thereof had been embodied in this
Act.

Loan to Trinity ^ ^n ^ne event of its being necessary in order to the
may be guar- carrying out of any agreement which may be entered into
Province. under the provisions of subsection 1, that to enable Trinity
College to remove its seat to a site on the University land
in or near Queen's Park and to erect new buildings thereon

a loan

1900.

UNJ VEltSITY OF TORONTO.

Chap. 55.

493

a loan to be raised by Trinity College should be guaranteed
by the Province it shall be lawful for the Lieutenant- r
Governor in Council for and in the name of the Province
to guarantee the repayment of the loan in such form and
upon and subject to such conditions and stipulations as to
the nature and sufficiency of the security to be given for
the loan, the safeguards which may be deemed necessary
to protect the Province against loss and to ensure the re-
payment of principal and interest as the same become due,
and otherwise as to the Lieutenant-Governor in Council
may seem meet.

(3) Trinity College is hereby authorized and emPowered™^i0tyi7^11tese
to make and enter into any agreement which it may deem enter into
necessary for carrying out the purpose mentioned in sub- Ifto6 removal,
section 1, and to make and execute all such agreements,

deeds and other instruments as may be deemed necessary
to carry into effect the provisions of any such agreement.

(4) Trinity College may also borrow upon the security of Borrowing
its property, real and personal, or any part thereof, such Trinfty college
sum of money as may be deemed requisite in order to carry

out such removal as aforesaid, and the terms of any agree-
ment which may be entered into as aforesaid in reference
thereto, and may execute such deeds, bonds, debentures
and other instruments as may be deemed necessary for the
purposes of such security as aforesaid, and the money so
borrowed may be repayable at such times and in such
manner and bear such rate of interest as to Trinity College
may seem meet.

143. — (1) The Board may stop up and close the high- Board^may^
way or street in the City of Toronto called Devonshire shire place.
Place, and if and when a statute for that purpose shall be
passed by the Board and registered as hereinafter men-
tioned, the said highway or street shall be stopped up and
closed and shall cease to be a highway, and the soil and
freehold thereof shall be vested in the Board for the use
of the University and University College.

(2) The Board shall make to the owners and occupiers compensation
of and all persons interested in any of the lots fronting adjohiing °£
or abutting on the said highway or street compensation lands-

for the damage or injury occasioned to such lots by the
closing of the said highway or street, and the amount of
such compensation shall be ascertained and determined
in the manner provided for by subsection 8 of section 39
of this Act.

(3) Any statute which may be passed under the pro- Registration of
visions of this section may be registered in the Kegistry Devonshire"18
Office for the western division of the City of Toronto, and Place-

for the purpose of such registration a duplicate original
of the statute shall be made out and certified under the
hand of the Bursar and the seal of the Board and shall be
registered without any further proof.

144.

494

Chap. 55.

UNIVERSITY OF TORONTO.

6 Emv. VII.

Wallbridge
scholarship.

144. If the Board shall be satisfied that the bequest
made by Asa Forbes Wallbridge by his last will and testa-
ment, bearing date the twelfth day of April, 1899, of two
shares of the capital stock of the Bank of Toronto, which
by the said will are bequeathed to the Chancellor of the
University of Toronto to be held by him and his succes-
sors in office in trust to apply the dividends thereof as a
prize or scholarship to be awarded to the most proficient
student of the said University at the annual examinations
in the Greek New Testament, was intended for the benefit
of the students of Victoria University it shall be lawful
for the Board to transfer the said shares to the Chancellor
of the said last mentioned University to be held by him
and his successors in office in trust to apply the dividends
thereof as a prize or scholarship to be awarded to the most
proficient student of Victoria University at the annual
examinations in the Greek New Testament, and the said
shares shall thereupon and thereafter be held by the
Chancellor of Victoria University and his successors in
office upon the last mentioned trust instead of the trust
declared by the said will, and the Chancellor of the Uni-
versity of Toronto and his successors in office shall be dis-
charged from all liability in respect of the said shares and
the application of the dividends thereof.

ated college 1^5. If and when a college now or hereafter federated
college ofDthea the University shall establish a faculty of Arts in

university. which instruction in the subjects of the course of study
in Arts not being University subjects shall be provided
and a statute of the Board shall be passed declaring that
it has so done, such college, so long as it maintains such
faculty to the satisfaction of the Board, shall be known
as and may be called a college of the University, and the
teaching staff in such faculty shall have the same repre-
sentation in the Council of the faculty of Arts as is by
section 74 of this Act given to the teaching staffs of the
federated universities, and the regular matriculated stu-
dents of such college who are enrolled therein and enter
their names with the Registrar of the University shall be
entitled to the privileges which are by section 132 con-
ferred upon the students mentioned therein.

c™7s.sn' 146- Section 8 of the Act passed in the fifth year of the
amended. reign of His Majesty, chapter 37, is hereby amended by add-
ing thereto the following : "and the Lieutenant-Governor
in Council is hereby authorized and empowered to grant
fzeTtogmnt1" to tne Board the said site subject to the lease thereof to the
pTrHament°f Grand Trunk Railway Company of Canada and the option
Buiiingsto of purchase contained in the said lease, and the Board may
University. until the sale thereof is completed and the purchase money
received apply out of the endowment of the University and

University

1906.

UNIVERSITY OF TORONTO.

Chap. f»5.

495

University College the money required to be expended in

the erection and equipment of the said buildings. 1

147. The Acts and parts of Acts mentioned in schedule 3 S'^ai-
to this Act are hereby repealed to the extent mentioned in ed.

the said schedule.

148. This Act shall go into force and take effect on the £°™™0efn^
15th day of June next after the passing thereof.

SCHEDULE 1.

(Section 118.)

Form of Voting Paper.

University of Toronto. Election. 19 .

I. resident at in the county

of do hereby declare:

(1) That the signature subscribed hereunto is of my proper hand-
writing.

(2) That I vote for the following person as Chancellor of the
University of Toronto, viz., of

in the county of

(3) That I vote for the following persons as members of the
Senate of the University of Toronto, viz.,

of in the county of

etc., etc.

(4) That I have not for the purpose of this election signed any
other voting paper as a graduate of the Faculty of Arts (or of Medi-
cine, or of Law, or of Applied Science and Engineering (or as the case
may be) or as a Principal of or Assistant in a Collegiate Institute,
or a High School, as the case may be).

(5) That this voting paper was signed by me on the day of the
date thereof.

(6) That I vote in' my right as graduate of Uni-
versity (or Principal of, or Assistant in a Col-
legiate Institute or a High School, as the case may be).

(7) (In the case of a Principal of, or Assistant in a Collegiate
Institute or in a High School) That I am now actually engaged in
teaching in a _ Collegiate Institute (or in a High School, as the
case may be) viz., in the at

Witness my hand this day of A.D. 19

A. B.

SCHEDULE 2.
(Section 142.)

Provisions of the agreement between the Trustees of the Univer-
sity of Toronto and Trinity College which are not to be affected by
the Act.

"The parties of the second part shall be entitled to have lectures
in the University subjects as defined by The University Act, 1901,
delivered by the professors and other instructors of the University

of Toronto

496

Chap. 55.

UNIVERSITY OF TORONTO.

6 Edw. VII.

of Toronto at Trinity College in all subjects of the general or pass
course, and as far as practicable in all subjects of the several honour
courses, but it is hereby declared that it is not intended that there
shall be any duplication of lectures or other instruction for the pur-
poses of which scientific apparatus or other means of demonstration
are required which are not provided by Trinity College, and which
cannot be conveniently taken from the University buildings to Trin-
ity College.

"All arrangements for such lectures, including the time table of
lectures and the personnel of lecturers, shall be made in such man-
ner as to afford to the students enrolled at Trinity College the same
advantages in regard to the University lectures as are afforded to
the students of the other Arts colleges, and the said arrangements
shall be made in each year by the President of the University of
Toronto and the Provost of Trinity College, and, in the event of
their being unable to agree on any matter, the same shall be forth-
with referred for final decision to such person as they may desig-
nate in writing under their hands, and, in the event of the Presi-
dent and the Provost being unable to agree upon such referee within
one week after such disagreement on any matter as aforesaid, such
referee shall be appointed by the Minister of Education, and a deci-
sion in writing of such referee, by whomsoever chosen, shall be final.

"The expenses connected with the duplication of lectures as afore-
said shall be assumed by the Government as a permanent charge on
the provincial revenues in consideration of the suspension by Trinity
College of its degree conferring powers, and of its surrender to the
University of Toronto of all fees in connection with degrees other
than those of Theology.

"A site to be agreed on between the said parties hereto in or near
the Queen's Park, in the City of Toronto, on the lands vested in the
parties of the first part, shall be reserved for the parties of the
second part, on which they may erect at their own expense a build-
ing for the use of the students of Trinity College while attending
lectures in the University buildings.

"Such site shall be occupied by the parties of the second part free
of ground rent and all other charges so long as the federation of
the universities continue, but, in the event of the withdrawal of the
parties of the second part from federation the said building shall be
purchased from the said parties of the second part by the said par-
ties of the first part at a valuation to be determined by the arbitra-
tion of two indifferent persons to be appointed, one by each of the
parties hereto, their successors or assigns, and this provision shall
be deemed to be and shall be a submission under The Arbitration
Act.

"Until the erection of such building students from Trinity College
attending University lectures shall be allowed the use of some suit-
able rooms in one of the University buildings.

"Subsections 1 and 2 of section 43 of the said Act are hereby de-
clared to be incorporated in and to form part of this agreement.

"Th9 Senate of the University of Toronto shall enact such statutes
as may be necessary to enable the University of Toronto to confer
on undergraduates and graduates of Trinity College the degrees pro-
vided for by subsection 2 of section 3 of The University Act, 1901,
which are now conferred by Trinity University.

"The examination for the said degrees shall be conducted by the
University of Toronto through examiners nominated by the parties
of the second part, and the said degrees shall be conferred by, the
University of Toronto upon the report of the said examiners.

"All students of Trinity Medical College who have not matricu-
lated at the date of the issue of the proclamation of the federation
of the two universities shall be allowed two years from that date to
matriculate in the University of Trinity College under the regula-
tions in force at the date of federation."

SCHEDULE

i9oe.

INJVKIISITY OF TORONTO.

Chao. 55.

407

SCHEDULE 3.

(Section 1J,7.)

Acts and parts of Acts repealed :

li.S.O. cap. 300. The whole Act.

1 Edw. VII., cap. 41. The whole Act.

2 Edw. VII., cap. 43. The whole Act, except section 7.

3 Edw. VII., cap. 36. The whole Act.

4 Edw. VII., cap. 35. The whole Act.

5 Edw. VII., cap. 36. The whole Act.

5 Edw. VII., cap. 37. Sections 7 and 10.

32 S.

CHAPTER

498

Chap. 5G.

A G R ( (J 1' LT U K A [, COLLEGE.

G Edw. VII.

CHAPTER 56.

An Act to amend the Act respecting- the Agricul-
tural College.

Assented to 14th May, 1906.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

Rev. Stat,
c. 302, s. ;
subs. 1,
amended.

Appointment
of Advisory
Board.

1. Subsection 1, of Section 7 of Chapter 302 of the Re-
vised Statutes of Ontario, is hereby repealed and the follow-
ing inset ted in place thereof :

Upon recommendation of the Minister of Agriculture,
the Lieutenant-Governor in Council may appoint an Advisory
Board to advise and assist the Minister of Agriculture in the
management of the College and Farm, and may, by Order in
Council, prescribe its duties and powers and also the period
for which the members shall continue in office. The mem-
bers appointed to the Board shall not exceed seven. The
Board shall be composed as follows: The Deputy Minis-
ter of Agriculture, who shall act as Chairman ; the President
of the College, and three Graduates or Associates of the
College, who shall be residents of the Province and who
are not members of the staff. In addition, the Minister may
recommend as members not more than two persons who are
not Graduates or Associates of the College.

3 1h s

CHAPTER

1906. INSTITUTES FOR DEAF AND DUMB AND BLIND. Chap. 57.

CHAPTER 57.

An Act to amend The Act respecting I nstitutions for
the Education and Instruction of the Deaf and
Dumb and the Blind.

Assented to 14th May, 1906.

HIS MAJESTY, by and with the advice and consent
of the Legislative Assembly of the Province of On-
tario, enacts as follows: —

1. Section 7 of The Act respecting Institutions for the Kev. siat. c.
Education and Instruction of the Deaf and Dumb and the fa.' s "' ■ repea'"
Blind, being chapter 319 of the Revised Statutes of On-
tario, is hereby repealed, and the following substituted
therefor :

7. No person shall be admitted to either of such institu- Admission of
tions except for the purposes of education and instruction, f!"mutioii
nor if over the age of twenty-one years, except upon the
assent in writing of the Minister of Education, and upon
the report of the Principal of such institution to the Min-
ister of Education of the particulars and special circum-
stances which, in his opinion, justify such admission; and

,i i i » - i-jjjj Maintenance.

the maintenance and support oi any person admitted to
either of the said institutions shall be in the discretion
of the Minister of Education. When such discretion
has been exercised in favour of any person, the Principal
of the institution, through which such maintenance and
support are given, shall report every six months to the
Minister of Education whether, in his opinion, a continu-
ance of such maintenance and support is justifiable, giv-
ing the particulars and special circumstances upon which
such opinion is founded. The Minister of Education AnnulmuU of
may in any case annul any person's right of admission or admlssion<
of continuance in either of such institutions, and may
annul or vary the terms of any person's continuance, sup-
port o'r maintenance therein.

CHAPTER

500

Chap 5cS.

COUNTY HOI'SES OF R Fl'GE.

G Edw. VII.

CHAPTEE 58.

An Act respecting" County Houses of Refuge.

Assented to 27th. April, 19G6.

HIS MAJESTY, by and with the advice and consent
of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

I. w'V.S"" I- Section 524 of The Consolidated Municipal Act, 1903,
is amended by inserting therein the following subsections :

Maintenance (8a) Where an inmate of a county house of refuge upon

of inmates of , ,. „. " °

house of refuge or at any time after his admission thereto, possesses or
sed°of means'.8 becomes possessed of or entitled to any real or personal
property out of which the cost of his maintenance or any
part thereof can be paid, then if any sum is due for such
maintenance (and for the purpose hereof any sum paid
bv any local municipality to the county for such mainten-
ance shall be considered as a sum due for maintenance
f rom such -inmate) and has not been paid by such inma'e
or by. some person on his behalf other than such local
municipality, a judge of the county court in which the
house of refuge is situated, may on application of the
county and upon such notice to such inmate as he may
direct and for the purpose of securing payment of the
cost of maintenance so due, or which may thereafter be-
come due, order and direct that oil or any part of the real
and personal property of the inmate be vested in the treas-
urer of the county for the time being with full power to
manage and appropriate, take or recover possession of,
lease, mortgage, sell and convey all or any part of such
property in the name of the inmate, or may make such
further or other order or direction limiting or extending
the powers of the said treasurer with reference to such
property as may be necessary and as he may think just and
proper, due regard being had to the value of the said pro-
perty, and as to what part, if any, of the same is neces-
sary for the support and maintenance of the family of
the inmate; but no lease, mortgage, conveyance or other
document purporting to transfer the title in the said land

1U0G.

COUNTY HOUSES <>F REFUGE

Chap. 58.

501

or any part thereof, shall be executed by the said treas- f
urer until the said judge shall have signified his approval
thereof by endorsement thereon.

(8b) The judge may, in and by any such order or direc-
tion make such provisions as he may think proper for the
payment by the county treasurer to the treasurer of the
local municipality of any sum paid by such local muni-
cipality to the county for the maintenance and support
of such inmate.

(8c) The balance of any such property so vested in the
treasurer shall, after the claims thereon as hereinbefore
set out are fully paid and satisfied, go to the person or
persons entitled thereto by law as if such vesting had not
been ordered or according to the will or direction of such
inmate.

2. The said Act is amended by inserting therein the 1 lf.^mwided
following section :

526fl. It shall be the duty of the Inspector of Pris- ^hp0e,^)f
ons and Public Charities of Ontario to visit and inspect refuge,
every county house of refuge at least once a year and call
for and inspect all books and papers relating thereto, and
to examine into the sanitary condition of such houses and
he shall report in writing to the Lieutenant-Governor in
Council with respect to the state of management of each
such house of refuge and shall make such recommenda-
tions and suggestions in relation thereto and to the methods
of keeping the books and accounts of such institutions as
he may deem best and a copy of such report shall be forth-
with sent to the county clerk of the county in which the
institution upon which such report is made is situated,
or when anv such house of refuge is under the direction
or control of two or more counties then to the clerk of
each of such counties.

CHAPTER

502

Chap. 59.

TORONTO GENERAL HOSPITAL.

6 Edw. VII

CHAPTER 59.

An Act respecting" the Toronto General Hospital.

Assented to 14th May, 1906.

H IS MAJESTY, by and with the advice and consent
of the Legislative Assembly of the Province of

Ontario, enacts as follows; —

Short title.

1. This Act may be cited as The Toronto General Hos-
pital Act, 1906.

INTERPRETATION .

Meaning of
certain words.

" The
Hospital. '

" The
Trustees."

1 Subscribers.'

'• The

Corporation.'

The Board.'

2. Where the words following occur in this Act they

shall be construed in the manner hereinafter mentioned
unless a contrary intention appears.

(a) "The Hospital" shall mean the Toronto General
Hospital.

(6) "The Trustees" shall mean the Trustees of the
Toronto General Hospital.

Subscribers as defined by this Act.

(d) "The Corporation" shall mean the Corporation

of the Trustees of the Toronto General Hos-
pital.

(e) "The Board" shall mean the Board of Trustees of

the Toronto General Hospital.

REPEAL OF PRESENT ACTS.

Extent of
repeal of
present Acts.

3. Any provisions contained in any former Act relating
to the Toronto General Hospital which are inconsistent
with this Act are repealed.

INCORPORATION AND ELECTION OF TRUSTEES .

Election and
appointment
of 75 Trustees.

4. Until the appointment and election of the Trustees

under the provisions of this Act shall have been made

1906. TOKOXTO GENERAL HOSPITAL. Chap. 59 503

' j t

and held, the Corporation shall continue as at present
constituted, and thereafter twenty-five Trustees, eight
of whom 'shall be appointed by the Lieutenant-Governor
in Council, five by the Trustees of the University of
Toronto, five by the municipal council of the Corpor-
ation of the City of Toronto, and of whom seven shall
be elected by the subscribers (as hereinafter provided)
shall together be a body corporate by the name of "The
Trustees of the Toronto General Hospital."

5. Within six months after the passing of this Act the Appointment
said municipal council of the Corporation of the City of city of Toronto
Toronto shall appoint five Trustees who shall hold office ^^f™ of
until the expiration of the year in which they are
appointed and until others shall have been appointed in
their places; and five shall be appointed annually there-
after in the month of January by the said municipal
council and shall hold office during the remainder of the
year in which they are appointed and until others shall
have been appointed in their places.

Within the time aforesaid the Trustees of the Univer- Appointment
sity of Toronto shall appoint two Trustees to hold office Universitv
from the date of their appointment until the 31st of °fToro,lti>-
January, A.D. 1908, two to hold office from the date
of their appointment until the 31st of January, A.D.
1909, and one to hold office from the date of his appoint-
ment until the 31st of January, A.D. 1910, and shall
in the month of January, A.D. 1908, and in the month
of January in each year thereafter appoint Trustees
in the place of those whose terms of office shall have
expired to hold office for three years from the date of such
expiration.

The Lieutenant-Governor in Council may within the Appointment
said time appoint two Trustees to hold office from the Lieutenant- y
date of their appointment until the 31st of January, A. ^"cf.uncii
D. 1908, three to hold office from the date of their
appointment until the 31st of January, A.D. 1909 and
three to hold office from the date of their appointment
until the 31st of January, A.D. 1910, and may in the
month of January, A.D. 1908 and in the month of Jan-
uary in each year thereafter appoint Trustees in the place
of those whose terms of office shall expire in that month
to hold office for three years from the date of such expir-
ation.

And the subscribers shall within the said time, in the ^^J^^^*
manner hereinafter provided elect two Trustees to hold subscribers,
office from the date of their election until the 31st of Jan-
uary, A.D. 1908, two to hold office from the date of
their election until the 31st of January, A.D. 1909, and
three to hold office from the date of their election until
the 31st of January, A.D. 1910, and shall in the month of

January,

504 Chap. 59.

TORONTO GENERAL HOSPITAL.

6 Edvv. VII

Trustees to bi
elegible for
re-election.

Members of
staff not
eligible as
Trustees.

Vacancies.

Quorum.

January, A.D. 1908, and in the month of January in each
year thereafter elect Trustees in the place of those whose
terms of office shall expire in that month to hold office for
three years from the date of such expiration.

All Trustees whose terms of office shall have expired

shall in. all cases be eligible for reappointment or re-elec-
tion as the case may be.

No one at the time being a member of the Hospital
Staff shall be eligible for the position of Trustee and if
a member of the Board after his appointment or election
accepts or occupies a position on the Hospital Staff, or
goes to reside out of the Province, or becomes insane or
otherwise incapable of acting as a member of the Board,
he shall ipso facto vacate his office as a member of the
Board, and a declaration of the existence of such vacancy
entered upon the minutes of the Board shall be conclusive
evidence thereof.

Should a vacancy arise from any cause in the Board of
Trustees, such vacancy shall be filled by the body possess-
ing power to appoint or elect under the provisions of this
Act, and the person appointed or elected to fill such
vacancy shall hold office for the remainder of the term of
the Trustee whose place he fills.

At all meetings of the Board nine shall form a quorum.

ELECTION OF TRUSTEES BY SUBSCRIBERS.

Election by
subscribers
when to
be held.

Place of
Election-
Notice.

6. A meeting of the subscribers shall be held within
six months after the passing of this Act for the purpose
of electing the Trustees to be elected by them under the
provisions of this Act and thereafter on the second Tues-
day of the month of January, in each and every year in
which Trustees are to be elected by the subscribers; and
in cases of elections to fill vacancies, at such time as the
Trustees may by by-law or resolution appoint.

7. The said meetings shall be held at the Hospital at
such hour as the Trustees shall by resolution appoint and
the Secretary of the Trustees shall for 10 days at least
prior to the holding of any such meeting give public
notice thereof in two newspapers published daily in
Toronto.

Who to preside 8. The Solicitor of the Trustees or in his absence a per-
-secretary. gon e]ec^e(] by fhe meeting shall preside at such meeting
as chairman and shall call the meeting to order at the
hour named in the notice and the Secretary of the Trus-
tees shall act as the secretary of the said meeting and
shall produce and lay upon the table for public inspec-
tion a certified list of the subscribers with the amount, of
each individual subscription.

1906. TORONTO GENERAL HOSPITAL. Chap. 59 .")0.r)

9. — (I) Such election shall be by ballot taken by two Mo.ie of
or more scrutineers to be appointed by the chairman of 1 u't'1""-
the meeting and each subscriber shall at such election be
entitled to vote for Trustees, who must be residents of the
Province of Ontario. Such vote may be given in person

or by proxy under a power of attorney duly executed
under the hand of the subscriber, provided that the said
power shall be held by a subscriber entitled to vote at such
election and shall be valid only for one year, and the
persons for whom the largest number of votes shall then
be given shall be the trustees elected.

(2) In case of an equality of votes between two or more Determining
persons which leaves the election of one or more Trustees election by lot

i-iii i /• i ii i> ji ■■ii • in case of

undecided then the scrutineers snail forthwith put into tie vote,
a ballot box a number of papers wTith the names of the
candidates respectively having such equality of votes,
written thereon, one for each candidate, and the chair-
man shall draw from the ballot box in the presence of the
scrutineers one or more of the papers sufficient to make
up the required number of Trustees, and the persons whose
names are upon the papers so drawn shall be the Trus-
tees elected.

POWERS OF TRUSTEES.

10. The Trustees shall have, hold, possess and enjoy all x^tees°und
the rights, powers and privileges which they now have, presentActs
hold, possess or enjoy and shall have the usual powers and continued-
rights of bodies corporate and shall have and hold every

«uch parcel of land and premises as may have been hereto-
fore granted by Letters Patent, or assigned or conveyed to,
or vested in any former Trustees of the Hospital by any Act
of the Legislature of the Provinces of Canada, Upper
Canada or Ontario, or by any person or persons whomso-
ever and every such parcel of land and premises as may
have been devised to any former Trustees of the Hospital
by any person or persons whomsoever or has become vested
in any former Trustees of the Hospital in what manner
soever ; and shall and may be capable of receiving and tak-
ing from any person or persons or any body corporate or hSld\>**ands
politic by grant, gift, devise or otherwise any lands or j^Mol^0-^186
interest in lands or any goods, chattels or effects, which
any such person or persons or body corporate or politic
may be desirous of giving, devising, granting or convey-
ing to them for the use, support or purposes of the hos-
pital ; and the Trustees shall have power to hold and take
all lands subject to this Act for the purposes of the hos-
pital without license of Mortmain; and all persons shall
have full and unrestricted right and power to give, grant,
devise and bequeath to the Hospital any lands and interest
in lands or any goods, chattels or effects, any Act or law
to the contrary notwithstanding, and no real estate or

interest

f>0<>

Chap. 59.

TOKONTO GENERAL HOSPITAL.

6 Edw. VII

Exemption
01 buildings
and grounds
from taxation.

Limitation
of actions.

interest therein vested in the Trustees and used for hos-
pital purposes shall be liable to be expropriated by any

municipality, corporation or person for any purpose what-
soever without the consent of the Trustees.

The buildings and grounds of and attached to or other-
wise bona fide used in connection with and for the pur-
poses of the Hospital, so long as such buildings and grounds
are actually used and occupied by the Hospital, and the
personal property belonging to the Hospital, shall be
exempt from all taxation.

All the rights and privileges belonging to and enjoyed
by crown lands under any statute limiting the time for
bringing actions either by the Crown or against the
Crown shall be deemed to belong to and be enjoyed by

the lands vested in the Trustees from the time they were
so vested.

Proviso.

poseof present H- The Trustees shall have power to sell, dispose of or
site and other mortgage any lot or parcel of land and premises vested
in them (including the block of land at present occupied
by the hospital, and being that block bounded by Ger-
rard, Sumach, Spruce and Sackville street), upon such
terms as to payment of purchase money as to them shall
seem best; or to lease the same for any period of time not
exceeding twenty-one years with right of further renew-
als forever, and subject to such covenants, conditions,
agreements, stipulations and provisoes as to them shall
seem best. Provided, however, that those lands vested
in the Trustees which are charged with certain debentures
at present outstanding shall remain subject to such charge
until the same are paid, but should the Trustees re-
quire the proceeds of any sales for current expenses such
lands may, subject to the consent of the holders of the
said debentures, be sold freed from the said debentures.

uSidsto? take 12-— (1) The Trustees shall have the right and they are
Hospital. hereby empowered to acquire, enter upon, take and use all
necessary and convenient lands and buildings for the pur-
poses o'f the Trustees, making compensation therefor to
the owners, occupiers and other persons having an inter-
est in the said lands and buildings and may pass by-laws
for the said purpose.
Application (2) For the purposes of the preceding subsection the

Of provisions _ tn-i n.l P I ••

of 3 Edw. vii., Trustees shall have all the powers conferred upon munici-
pal corporations by The Consolidated Municipal Act, 1903,
as to acquiring, enuring upon, taking and using lands
required for the use of such corporations, and, save^ as
hereinafter provided, sections 437 to 467, both inclusive,
shall mutatis mutandis apply to the Trustees and to the
shall mutatis mutandis apply to ihe Trustees and to the
Trustees had been named therein instead of any munici-
pal'

1906. TORONTO GENERAL HOSPITAL. Chap. 59 .")07

pal corporation, and as if the Secretary of the Hospital
had been named therein instead of the clerk of muni-
cipality.

(3) Should the Trustees under the powers by this Act certain streets
conferred expropriate the block of land lying south of ami fee vested
the southerly limit of College Street as originally laid out 11 tn,st(,f,s-

w est of the westerly limit of Elizabeth Street north of the
northerly limits of Hayter and Christopher Streets and
east of the easterly limits of University Avenue (formerly
University Street) or any portion thereof, then that por-
tion of College Street which was formerly Avenue Street
and those portions of Chestnut Place formerly 1 Avenue
Lane, Chestnut and Centre Streets and of all public lanes
lying within the said limits or within the limits of such
portion as may be expropriated shall be closed and the
fee therein shall be vested in the Trustees.

(4) Instead of the arbitrators appointed by or for the
respective parties or the Court naming the third arbi-
trator, Frederick Montye Morson, of the City of Tor-
onto, Esquire, shall be the third arbitrator in all arbi-
trations held under this Act in respect of any of the
above lands, and in case of his being unable to act owing
to death, illness or other disability or in case of his resig-
nation then such third arbitrator shall, if the parties
cannot agree, be named by the Lieutenant-Governor in
Council.

(5) The Trustees may register any by-law passed for the Registration
purposes of subsection 1 of this section by depositing! in ° by aWR-
the proper registry office, a copy of such by-law certified

under the hands of the chairman and the secretary of the
Trustees and authenticated by the seal of the corporation
and the registration by them of such by-law shall vest
the lands therein described in the Trustees; for such
registration the registrar shall be entitled to fees upon the
scale provided in paragraph 1 of section 118 of The Retjis- Kl.v stat
try Act. °- m

13. — (1) It shall be lawful for the Trustees and they are Borrowing
hereby authorized from time to time to borrow for the trustees0'
purposes of the Hospital such sum and sums of money as
they may lawfully require for the purposes of the Hos-
pital and to issue a debenture or debentures for the rais-
ing of such loan in such sum or sums at such rate of inter-
est and for such period or periods as the trustees may
find expedient ; provided always that no such deben- pr0VjS0.
ture or debentures shall be issued for a longer period than
forty years and that the interest thereon shall be payable
yearly, half yearly or quarterly, and provided further
that the by-law authorizing the issue of such debenture
or debentures shall first be laid before and approved by
the Lieutenant-Governor in Council.

(2)

508

Chap. 59.

TOE ON TO GENERAL HOSPITAL. 6 EDW. VII

Mortgage
to secure
debentures

Powers of
Trustees as to
suing for
property, etc.

Powers as to
investments

(2) Such debenture or debentures when so issued with
the approval of the Lieutenant-Governor in Council may
be secured by a mortgage to Trustees for the Debenture
holders upon such of the real estate then held by the Trus-
tees as may be then designated.

14. The Trustees by the name aforesaid shall have
power to sue in any of the courts of this Province having
competent jurisdiction for any cause of action touching
the property and rights of the Trustees and for any moneys
due or payable to them or their predecessors for the pur-
chase money or rents of any lands or buildings or on any
account whatever and to distrain for such rents when the
same are in arrear and unpaid and to distrain for inter-
est due upon any mortgage which may be held by the
Trustees and to act in all matters touching the collection
and control of the funds of the Trustees and the manage-
ment and disposition of any property and lands belong-
ing to the Trustees.

And the Trustees shall have power to invest in such se-
curities as they may deem advisable, all moneys which may
at any time come into their hands for the use and support
of the Hospital which may not be required for the imme-
diate expenditure of the Hospital, or may deposit the same
in any chartered bank or financial institution of good
standing, and generally and subject to the provisions of
this Act the government, conduct, management and con-
trol of the hospital and the property, revenues, business
and affairs thereof shall be vested in the Trustees.

Erection of
buildings, etc.
for Hospital.

Burnside

lying-in

Hospital."

NEW HOSPITAL BUILDINGS .

15. Without thereby limiting the general powers here-
inbefore conferred it is declared that the Trustees shall
have power to erect, equip and maintain all buildings
that may be required for the purposes of the Hospital upon
such site or sites as to them or a majority of them shall
anpear best ; and in the event of the Trustees abandon-
ins: the present hospital site and building a new Hospital
it shall be the duty of the Trustees in erecting new hos-
pital buildings upon another site to erect upon a portion
of such site a building suitable in every respect for the
purposes of a lying-in hospital and to establish, main-
tain and support the same in connection with the hospital
as part and parcel thereof upon the terms and conditions
set forth in the resolutions of the Burnside Lying-in Hos-
pital and the Hospital, authorizing the merger of the
Burnside Lying-in Hospital in the Hospital and such
building shall be called and known by the name and
designation of the "Burnside Lying-in Hospital"; pro-
vided that a section or wing of the hospital building shall
be deemed to be a building within the terms of this sec-
tion.

And

l'JUG.

TORONTO GENERAL IIOSi'ITAL.

Chap. 59

A ml a portion of the said new Hospital shall be set "J^1^1^^'
aside and shall be designated and known as "The Andrew infirmary."
Mercer Eye and Ear Infirmary."

EXECUTION OF DOCUMENTS.

16. All grants, conveyances, assignments, mortgages, Execution of
statutory and other discharges of mortgage, leases, con- corporation. 3
tracts, distress warrants and other documents requiring
to be executed under seal, shall be sealed with the cor-
porate seal of the Trustees and shall be signed by the
Chairman or some person thereto authorized by resolution
of the Trustees and countersigned by the Secretary, or some
person thereto authorized by resolution of the Trustees, and
all cheques, promissory notes and drafts shall be signed
by the Chairman or some person thereto authorized by the
Trustees and countersigned by the Secretary, or some per-
son thereto authorized by resolution of the Trustees.

BY-LAWS.

17. The Trustees shall have the power of appointment Appointment)
and removal of the Secretary and the Treasurer, the Med- of officers
ical and other Superintendents and their assistants and st!ltl
clerks and of all other officers and servants of the hospital
employed in or about any of its premises and may from
time to time enact such by-laws and regulations for the By-laws an*
general management of the Hospital and the trust and re«"lauolls-
for fixing all salaries and wages, and for regulating the
composition of the hospital staffs their numbers, terms
of office, privileges and duties: provided, always that Proviso
such by-laws or regulations shall be laid before the Lieut-
enant-Covernor in Council within 30 days after the same
shall have been so enacted as aforesaid, and shall come
into force at the expiration of one month thereafter
unless they shall have been disallowed by Order in Coun-
cil within that time.

BENEFACTORS AND ANNUAL SUBSCRIBERS.

18. Every individual who shall up to the time of the who to be
passing of this Act have subscribed .$500 and upwards to ^benefactor.'-
the fund of the Hospital and every individual who shall

after the passing of this Act subscribe $1,000 and upwards
shall be called a "Benefactor" of the hospital and it shall
be the duty of the Trustees to erect a tablet in the prin-
cipal entrance hall of the Hospital upon which shall be
inscribed from time to time the names of the said Bene-
factors and the amounts severally subscribed by them, and
such Benefactors shall also be Visitors of the Hospital.

19. E very individual who shall have subscribed $100 or whobedeemeo)
more to the fund of the Hospital in the year immediately subscriber."

preceding

510 Chap. 59.

TORONTO GENERAL HOSPITAL.

6 Edw. VII

preceding an election of subscribers' trustees at which he
desires to vote shall be an "Annual Subscriber."

MEDICAL STUDENTS.

students f ^e trustees snall allow any medical student of the

medical schools University of Toronto to visit the wards of the hospital and
h°ospfteanid attend them for the purpose of receiving instruction from
the members of the Faculty of Medicine of the University
of Toronto, upon the payment of such fees and under such
regulations and restrictions as the trustees shall by any by-
law or resolution from time to time appoint. Provided,
also, that the Lieutenant-Governor in Council may from
time to time frame regulations and conditions under which
the trustees shall admit other students in Medicine, includ-
ing post-graduate students, to receive medical instruction
from the said Faculty as hereinbefore provided.

PAT PATIENTS.

21. — (1) The Trustees shall allow or permit all patients
paying sufficient to cover all the cost to the Trustees of
their maintenance and support while in the Hospital the
right of employing their own surgeon or physician, sub-
ject to the regulations of the Trustees.

(2) The words "paying their way" where they occur
in the 7th section of By-law No. 4579 of the City of Tor-
onto shall mean "paying sufficient to cover all the costs
to the Trustees of their maintenance and support while
in the Hospital," and the Hospital shall be the Hospital
to which the grant is authorized to be made by the said
by-law.

CITY PATIENTS.

22. The Trustees shall afford accommodation as far as
possible to patients sent into the hospital on the order of
the Corporation of the City of Toronto upon the payment
to the Trustees of such rates as may from time to time be
agreed upon, and subject to such regulations and restric-
tions as the Trustees may by by-law or resolution from
time to time appoint.

Right of pay-
ing patients
to attendance
of their own
physician.

Patients sen t
from City of
Toronto.

THE HOSPITAL STAFF.

Hospital staff. 23. The composition, and number of the Hospital Staff,
the terms of office, the duties and the privileges of the
members thereof shall remain as at present until altered
bv by-law or resolution of the Trustees.

41 vie, cap. 71, secs. 8, 9, and 10 repealed.

4i v. c. 71, 24. Sections 8, 9 and 10, of an Act passed in the 41st
repealed. ' year of the reign of Her late Majesty Queen Victoria,
chaptered 71 are repealed.

statements

1906.

TORONTO GENERAL HOSPITAL

Chap. 59

STATEMENTS TO GOVERNMENT. f

25. In addition to the returns required by section 10 of vdJitiosjiai

/' / ri i -j. i • i a i m « • . returns to

J he Charity Aid Act, the lrustees irorn time to time those required
when required so to do by the Lieutenant-Governor in stat". 320.'
Council shall render an account in detail of all moneys
received by them as such Trustees specifying the sources
from which the same shall have arisen or been received
and the manner in which the same shall have been
invested and expended and all such particulars as may be
necessary to show the state of the fund and endowment of
the Hospital.

ACT NOT TO CREATE NEW CORPORATION.

26. Nothing in this Act contained shall be construed as Present

i-ijii 1 • Corporation

creating a new corporation but the corporation eonsti- continued,
tuted by this Act shall be held to be the same with that
constituted by the former Acts of the Hospital so that all
actions or proceedings brought by or against the former
Trustees and pending at the time of the passing of this Act
shall be continued by and against the Trustees provided
for by this Act and all matters and things done by the
said former trustees shall be binding upon the Trustees
hereby created until further or other provision may be
made in respect thereof by the last mentioned trustees in
conformity with this Art.

CHAITKi;

512

Chap. 60.

HOSPITAL FOR EPILEPTICS.

6 Emv. VII.

CHAPTEE 60.

An Act respecting The Hospital for Epileptics.

Assented to 14th May, 1906.

HIS MAJESTY, by and with the advice and consent of'
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

Designation of
Hospital.

Object.

1. The hospital founded and established at the City of
Woodstock, with all the lands, buildings, real estate and
appurtenances thereunto attached, and whatever lands or
real estate that may hereafter be purchased or acquired
for the same, and whatever buildings may hereafter be
erected thereupon, shall be for the public use of the Pro-
vince, and shall be known and designated as "The Hos-
pital for Epileptics."

2. The object and design of such hospital shall be to
secure the curative, and economical care and treatment
of epileptics, exclusive of insane epileptics.

Inspector.

Kev. Stat,
c. 821.

Officers
appointment.

3. The Inspector appointed under The Prisons and Asy-
lums Inspection Act shall be the Inspector of the said hos-
pital, and shall have and perform the same powers and
duties in respect to such hospital as are conferred upon him
in respect of asylums for the insane by the said The Prisons
and Asylums Inspection Act.

4. The Lieutenant-Governor may from time to time ap-
point for such hospital a Medical Superintendent, Bursar,
Matron, and such other officers, instructors, attendants and
servants as may be necessary, who shall hold office respec-
tively during pleasure, and who shall perform such duties
as may be assigned to them under the rules and regulations
in force respecting such hospital and in accordance with
(he directions of the Inspector.

ma£eCrulesanci Tue Inspector shall make rules and regulations for the
regulations management, discipline and general administration of the

said

1906 HOSPITAL FOR EPILEPTICS. Chap. 60 513

Baid hospital, and for fixing and prescribing the duties of fixingand
the Superintendent Bursar, Matron, and such other officers, duTies'of"^
instructors, attendants or servants as may be employed in offi«e».
or about the said hospital, and may alter, amend and annul
such rules and regulations from time to time; provided, Rules and
always, that no such rules or regulations shall have any be^apprOTedof
effect until and unless they are first approved of by the Go^rnor"u*nt~
Lieutenant-Governor in Council. Council.

_ 6. No person shall be received into the said hospital ^°thoScerti-
without a certificate from a legally qualified medical prac- tieate of
titioner, setting forth that after a proper examination of petitioner,
the- person for whom the application for admission is made,
and after due enquiry into all the facts relating to his case,
the person so examined is found to be a sane epileptic.

7. The Inspector shall make such rules and regulations inspector to

i j j j j ' i_ £ n • j make rules ana

as may be deemed necessary and expedient for fixing, and regulations for
determining the terms and' conditions of admissions to the determining
said hospital of persons certified in the manner provided for admissions,
in the next preceding section, and for the support and main-
tenance of such persons so admitted to such hospital while
inmates therein, and for the discharge of such persons there- Rulesanai.egu.
from; provided, always, that no such rules or regulations p^vedof'b *P
shall have any effect until and unless they be first approved Lieutenant-
by the Lieutenant-Governor in Council. councU?""

33 s.

CHAPTER

514

Chap. 61.

CUSTODY OF INSANE.

G Edw. VII.

CHAPTER 61.

An Act to amend The Act respecting Lunatic
Asylums, and the Custody of Insane Persons.

Assented to 14th May, 1906.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly- of the Province of Ontario,
enacts as follows : —

1. Sections 12 to 23 inclusive and section 25 of The Act
respecting Lunatic Asylums and the Custody of Insane
Persons are hereby repealed and the following substituted
therefor : —

Rev. Stat,
c. 317, subs
12, 23, 25,
repealed .

PROCEEDINGS TO APPREHEND DANGEROUS INSANE PERSONS.

justice may 12. Where an information is laid before any of His Ma-
toapp^ehend jesty's justices of the peace for any territorial division that
fobe'insane*6'1 any person, being within the limits of the jurisdiction of
to beaUarre"S SUf'n .iustif'e. is, or is suspected or believed by the person
*' laying the information, to be insane and dangerous to be
at large, such justice may issue his warrant (Form B) to
apprehend such alleged insane person, and to cause him to
he brought before such justice or any other justice for the
same territorial division.

warrantto 13. Every such warrant shall be under the hand and
formeofent1, seal of the justice issuing the same, and may be directed to
all or any of the constables or other peace officers of the
territorial division within which the justice issuing the
same has jurisdiction, and shall name or otherwise describe
the person against whom the information has been laid,
and shall state that information has been laid on oath that
such person is insane and dangerous to be at large ; and the
warrant shall order the person or persons to whom it is
directed to apprehend the person against whom the infor-
mation has been laid, and to bring him before the justice
issuing the warrant, or before some other justice of the
peace for the territorial division, in order that enquiry
may be made respecting the sanity of such person, and that
he may be further dealt with according to law.

33a s. 14

1906.

CIS TODY Of INSANE

Chap. GO.

14. Any person apparently insane and conducting him- Apprehansion
self in a manner which in a sane person would be disord-'™™,^
erly, may be apprehended without warrant by any constable

or peace officer and detained in some safe and comfortable
place until the question of his sanity be determined as pre-
scribed by section 21 hereof.

PROCEEDINGS ON APPREHENSION.

15. Where the person alleged to be insane has been ^pprehenlfon "
apprehended under a warrant or in the manner
provided in section 14 hereof, he shall be brought

before some justice of the peace for the territorial
division in which such person has been apprehend-
ed, and the justice may thereupon by his order order.
(Form C) direct that such alleged insane person be
confined in some safe and comfortable place, or in the cus-
tody of the constable or other person who apprehended him,
or such other safe custody as the justice deems fit until the
question of his sanity be determined, but in no case shall
such alleged insane person be committed as a disorderly
person to any prison, gaol or lock-up for criminals, unless
he be violent and dangerous and there is no other suitable
place for his confinement, nor shall he be confined in the
same room with a person charged with or convicted of a
crime.

16. The Provincial Secretary shall have the power to o^medicaf"'
appoint one or more medical practitioners in any territorial examiners,
division for the purposes of section 17 hereof.

17. Immediately upon the apprehension of an alleged Justice to have

n • I- i p i i n i • examination

insane person the justice beiore whom such alleged insane made by two
person shall be brought shall notify one of the medical prac- tn!onersprac"
titioners appointed under section 16 (if any such have been
appointed for the territorial division in which the justice
has jurisdiction) and one other medical practitioner, or if
no medical practitioner has been so appointed the justice
shall notify two medical practitioners, and shall cause an
examination to be made in the same manner as is provided
in sections 7 and 8 of this Act.

18. The justice, in addition to the examination in the Hearing of
next preceding section prescribed, shall hear such evidence quiring among
upon oath as may be adduced with reference to the fnen<1s-etc-
insanity of the sa,id alleged insane person and shall

direct that enquiry be made as to the friends or
relatives of such person in order that the evidence
of some person or persons who is or are acquainted
with the family and previous habits of the said alleged
insane person may be had, and for the purpose of ascer-
taining whether the said alleged insane person is possessed
of any and what property, and where the same is situated,
ind also as to the number of persons, if any, dependent upon

516

Chap. 61.

CUSTODY OF INSANE.

6 Edw. VII.

Information
required by
Schedule 2.

him for support, and to elicit as far as possible, all inform-
ation in respect to the matters set out in Schedule No. 2 of
this Act; but should the justice find that such enquiries
will be expensive, or that sufficient information has been
obtained for the purposes of this Act by other means, then
such justice shall not be required to make the enquiries by
this section directed.

Adjournment
of enquiry.

19. The justice may from time to time adjourn the
enquiry, and again commit to custody, as prescribed by sec-
tion 15 of this Act, until proper enquiry is made as herein
directed.

Medical
practitioners
may re-
examine
on disagree-
ment.

20. Where the medical practitioners, upon making a
personal examination of the said alleged insane person, do
not agree in opinion as to whether such person is or is not
insane, they, or any of them, may again examine such per-
son (said examination to be made within one week
after the first examination) and may grant a new certificate
if upon such further examination they change their opinion
as to the mental condition of such person.

Discharge of
persons when
not found
insane.

Certificate by
Justice when
person insane
and dangerous
to be at large.

21. If, after reasonable enquiry has been made by the
justice as herein directed, the justice is satisfied that such
alleged insane person is not insane and dangerous to be at
large, the justice shall forthwith discharge such person,
but if after enquiry as aforesaid the justice is satisfied that
such alleged insane person is insane and dangerous to be at
large, he shall certify accordingly (Form D) ; provided that
unless both of the medical practitioners making the exam-
ination as herein before provided shall agree that such
person is insane the justice shall forthwith discharge such
person.

22. The said justice shall immediately transmit to the
Inspector the said certificate and the certificates of said
medical practitioner, and all depositions taken before him,
accompanied hy a written statement of such justice as to the
financial condition of such insane person and the person or
persons legally liable for his maintenance, and as to the
other matters set out in Schedule No. 2 to this Act, so far
as ascertained, and the Inspector, on receipt of the said do-
removal81011 cuments, shall at once make provision for the transfer of
to asylum. such insane person to an asylum for the insane.

Certificates,
etc., to be
nent by Justice
to the in-
t spector.

Inspector to

tnXcuerredSin ^* — ^ ^ne cos^s necessarily incurred in determining
determining the question of the insanity of any alleged insane person
!omeyingnto under the provisions of sections 12 to 29, inclusive, of this
Act, including the fees, not exceeding $5 each, to the
medical practitioners, and other necessary expenses, and in
securing the removal and admission of such person to an
asylum for the insane, and the expense of providing pro-
per

asylum,— how
to be borne.

1906. CUSTODY OF insane. Chap. 60. .")17

per clothing for such person, if any, shall be paid by the
county, city or separated town in which such person
has been apprehended ; but if such person had not prior to
his being apprehended resided in such county, city or
separated town for the period of one year, but had resided
for that period in some other county, city or separated
town in this Province, then such expenses may be recover-
ed back by the county, city or separated town in which such
person was apprehended from the county, city or separated
town in which such person had last resided for the period
of one year; or if such person, although he had resided
for the period of one year in the county, city or separated
town in which he was apprehended, had since such resid-
ence been a resident for the period of one year in some
other county, city or separated town in this Province, then
in like manner such expenses may be recovered back by
the county, city or separated town in which such person was
apprehended from the county, city or separated town in
which such person last resided for the period of one year.

(2) Where such person is not an indigent person, then county, city or

p ii-ii J- rj.- separated town

the expenses referred to m the next preceding subsection may recover
paid by any county, city or separated town in which such j^f %e0srn>aid
person has been apprehended may be collected by it from estate,
the estate of such person or from the persons legally liable
for his maintenance, and the same shall be a charge
against the estate of such person or the same shall be paid
by the persons legally liable for his maintenance.

2. Section 37 of the said Act is hereby repealed. ReQvi-sta;-

repealed.

3. Section 50 of the said Act is amended by striking out Rev stat
from the word "and" in the fourth line thereof to the amended50'
word "payable" in the 9th line thereof inclusive, and by
striking out in the 13th and 14th lines the words "it may

not be considered proper to claim in respect of his main-
tenance" and substituting therefor the words "it may be
considered proper."

4. Section 53 of said Act is amended by adding thereto Rev. stat
the following subsection : — ametd'd!8'

(3) No application to the High Court for the appoint- Notice of appli-
ment of a committee of any such lunatic shall be made appointment of
until five clear days' notice thereof has been given to the b° gWento'0
Inspector, and with such notice shall be served a copy of the inspector,
petition and the affidavits to be used in support thereof.

5. Form C of the said Act is hereby repealed and the fe^{7st^rni c
following substituted therefor: — repealed.

Form

518 Chap. 61. custody of insane. 6 Edw. VII.

Form C.

(Section 15.)

Warrant of committal for safe custody pending enquiry.

Province of Ontario, \
County of j

To all or any of the Constables or Peace Officers in the County

Whereas on the day of last past, information

upon oath was laid before me (or us) one (or as the

case may be) of His Majesty's Justices of the Peace in and for the
said county of that A. B. is insane and dangerous to be

at large; and whereas the hearing of the same is adjourned to the
day of at o'clock in the (fore) noon at ,

and it is necessary that the said A. B should in the meantime be
kept in safe custody :

These are therefore to command you or any of you, the said Con-
stables or Peace Officers in His Majesty's name, forthwith to convey
the said A. B. to , and there deliver him to the custody

of together with this precept ;

And I hereby require you the said to receive the said

.4. B. into your custody and there safely keep him until the
day of (instant), when you are hereby required to convey

and have him the said .4. B. at the time and place to which the said
hearing is so adjourned as aforesaid, before such Justice or Justices
of the Peace for the said County as may then be there to make
further enquiry respecting his sanity, and to be further dealt with
according to law.

Given under my (or our) hand and seal this day o*

in the year of our Lord at in the county aforesaid.

Rev stat. 6. Form D of the said Act is hereby repealed and the

rerilaied0rm D following substituted therefor: —

Form D.

(Section 21).
Certificate of Justice.

Province of Ontario, )
County of J

I. the undersigned C. 1)., Esquire, one of His Majestv's Justices
of the Peace for the County of do hereby certify that I

have on this day of A. D. 19 , personally

examined .4. B. of the of in the county of

and I do hereby further certify that from such personal examination,
and from the evidence adduced thereon I am of opinion that the
said A. B. is insane and dangerous to be at large.

Signed this day of A. D. 19 , at in

the County of

1906. custody of insane. Chap. 60.

7. Schedule No. 2 of the said Act is hereby repealed and ^e3vi7SgaChed
the following substituted therefor: — No. 2 'repealed.

Schedule No. 2.

Information to be Elicited upon Enquiry.

(Section 18).

1. The name in full of alleged insane person.

2. Post Office address of such person.

3. County in which apprehended.

4. City, Town, Incorporated Village or Township in which appre-

hended.

5. How long a resident of such City, Town, Village or Township.
C. Age.

7. Occupation.

8. Religion.

9. Nationality.

10. Sex.

11. Whether married or single, and if single, whether ever married.

12. Name and Post Office address of husband, wife, parent or guard-

ian, if any, and if guardian state relationship.

13. Number of children, if any, their names and ages, and their

Post Office addresses, and if under age, state with whom re
siding.

14. How long such person has been insane.

15. Duration of the present attack, and whether the first.

16. How the insanity first showed itself, and the supposed causes.

17. Whether any delusions, and if so, what they are.

18. Whether such person is suicidal or dangerous to others.

19. Whether any offence has ever been committed by such person,

and whether such person has been convicted of same, with all
particulars.

20. Whether such person is subject to epilepsy or paralysis.

21. Whether any of the other members of such person's family

have suffered in a similar way, and whether such person has
ever been in an asylum, and if so when and where.
-22. What have been the habits of such person as to temperance,
industry and general conduct, and in what manner they have
changed — whether the change has been recent, gradual or
sudden.

23. Whether such person has been subject to any bodily ailments,

and if so, their nature.

24. Degree of education of such person, and any other information

that will in the opinion of the Justice or the Justices aid
the Medical Superintendent in the treatment of the case.

25. Whether such person is idiotic, imbecile or incurable.

26. Whether the friends or relations of such person, or any of

them, if such there be, are able to contribute to the main-
tenance of such person while in an asylum, and which, if any,
of such friends, and how much they, or any of them, can
contribute.

27. Has such person any property, real or personal P What does it

consist of and where is it situated ; also state value and en-
cumbrances, if any?

28. H*as such person any moneys on deposit in Banks ? If so, in

what bank and in whose possession are the deposit receipts,
bank books or other acknowledgments of such deposit?

29. Give the name and Post Office address of the person in whose

possession such acknowledgments, if any, are.

30. If such alleged insane person is under the age of twenty-one

years what oropertv. real or personal, has the parent oi
guardian. What does it consisL of and where is it situated;
also state value and encumbrances, if any.

31. Has such person any one dependent upon him for support? If .

so. State relationship, names, ages, and Post Office addresses.

CHAPTER

520

Chap. 62

TOWN OF BLIND RIVER. 6 EDW. VII

CHAPTER 62.

An Act to incorporate the Town of Blind River.

Preamble.

Incorporation
of Town of
Blind River.

Assented to 14th May, 1906.

WHEREAS the lands hereinafter mentioned have now
an estimated population of sixteen hundred people ;
and such population is rapidly increasing; and whereas
the unincorporated Village of Blind River, situated in said
la^ds is ;.n important lumbering, manufacturing, mill-
ing and luiuing centre, and <i «! istributing point, and
business centre for a large tract ot territory; and whereas
the residents and rulci-u\t>t « ''I said lands have petitioned
to l<e separated from 1 1 * « - n.tini ipality of Blind River,
(now wholly composed of l\m lownship of Cobden) and
formed into an incorporated town, and the council of the
said municipality of Blind River have by their petition
set forth that incorporation of the. said lands as a town
would tend to its advancement, and prosperity, and
empower its ratepayers to make the most desirable regu-
lations for the care, protection and improvement of pro-
perty and have prayed for incorporation accordingly; and
whereas it has been shewn that the lands outside of the
lands within the limits of the proposed Town of Blind
River, have a population less than 25 people; and whereas
it is expedient to grant the prayer of the said petition;

Therefore His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of On-
tario, enacts as follows: —

1. On, from and after the passing of this Act the lands
hereinafter described shall be separated from the muni-
cipality of Blind River, and the residents and ratepayers
thereof shall be and they hereby are constituted a corpor-
ation or body politic under the name of "The Corporation
of the Town of Blind River" and shall enjoy, and have
all t\he rights, powers and privileges exercised and
enjoyed by incorporated towns separated from counties
in the Province of Ontario, except where otherwise pro-
vided by this Act.

1906. town of blind river. Chap. 62 521

2. The Town of BUnd River shall comprise and cqii- Kciud^
sist of the following lands, that is to say : All and singu-
lar those certain parcels, portions or tracts of land in the
District of Algoma, and Province of Ontario, known as
"1st" the southern portion of lot one concession
one, in the Township of Cobden, containing 146.34
acres more or less; "2nd" mining location "A"
in the Township of Cobden containing 200 acres
more or less; "3rd" sale number one, according to plan
of subdivision of Mississaga Indian Reserve, made by Gr.
B. Abrey, D. L. S., and dated at Little Current, on the
10th day of June, 1882, and containing 20.45 acres more
or less; "4th", lot five and the east half of lot four accord-
ing to Abrey's plan of said subdivision; "5th", such por-
tions of land underlying the waters of Blind River and
Lake Huron as may be included in the following descrip-
tion; the whole containing 749.08 acres more or less
according to survey made by James S. Dobie, O. L. S.,
and dated at Bruce Mines, the 18th day of March, 1904,
and which may be more particularly described as follows,
that is to say : Commencing at the south-west corner of
the east half of lot four, in the subdivision of Mississaga
Indian Reserve, in the District of Algoma, and Province
of Ontario, according to survey and plan made by G. B.
Abrey, D. L. S., and dated at Little Current, on the 10th
day of June, 1882, thence easterly along the highwater
marks of the shore of Lake Huron, to the south-west
corner of sale number one according to Abrey's plan of
said subdivision, thence south astronomically a distance
of one hundred feet, thence easterly parallel to the high-
water mark of the shore of Lake Huron, and at a constant
distance of one hundred feet therefrom to the intersection
of the east boundary of mining location "A", produced
south astronomically, thence north along the production
of said east boundary to the highwater mark of the shore
of Lake Huron, thence easterly along the said highwater
mark to the point where the east boundary of the Town-
ship of Cobden intersects the highwater mark of the
shore of Lake Huron, thence north astronomically along
the east boundary of the Township of Cobden, a distance
of 63.30 chains more or less to the point due east of the
north-east corner of mining location "A", thence west
•astronomically, a distance of 30.40 chains more or less
to the north-east corner of mining location "A", thence
west along the north boundary of mining location "A"
to the water's edge of Blind River, thence southerly along
the water's edge of Blind River to a point fifty links north
of the Government highway bridge over Blind River,
thence north-westerly parallel to said bridge, and at a
distance of fifty links therefrom to the water's ed<?e of
the west bank of Blind River, thence northerly and west-
erlv alone? the hisfhwater mark of Blind River to thn

522

Chap. 62.

TOWN OF BLIND KIVER.

6 Edw. VII

north-west corner of the east half of lot four, according
to Abrey's plan of subdivision of Mississaga, Indian
Reserve hereinbefore mentioned, thence south along the
west limit of the east half of said lot four to place of begin-
ning

3. The said town shall be divided into three wards to
be called respectively First, Second and Third wards. The
first ward shall comprise and consist of all land within
the proposed Town of Blind Eiver, lying east of the Blind
River. The second ward shall comprise and consist °f
all the land within the said proposed town, lying west of
the Blind River and north of the Government road; and
the third ward shall comprise and consist of all land
within the proposed town, lying west of the Blind River,
and so"uth of the Government road.

Edward vi?1' 3 ^' Except as otherwise provided by this Act the pro-
c. 19 to apply, visions of The Consolidated Municipal Act, 1903, and of
any Act amending the same with regard to matters con-
sequent upon the formation of new corporations shall apply
to the said Town of Blind River in the same manner as
if the said lands had been an incorporated village, and
bad been erected into a town under the provisions of said
Act.

t^,md 5 On the first Monday of June, .1906, it shall be lawful
Councillors, for H. T. Brackenridge, the clerk of the municipality of
Blind River, who is hereby appointed returning officer to
hold the nomination for the first election of mayor and
councillors at the town hall, in the municipality of Blind
River, having first caused one week's notice thereof to be
posted up in three conspicuous places in each of the said
wards, and he shall preside at the said nomination or in
case of his absence the electors present shall choose from
among themselves a chairman to preside at the said nom-
ination and such chairman shall have all the powers of a
returning officer, and the polling for such election if
necessary shall be held on the same day of the week in
the week following the nomination, and the returning
officer or chairman shall at the close of the nomination
publicly announce the place in each ward at which the
polling shall take place.

Appointment 6. The said returning officer shall by his warrant
turning officers a ppoint the deputy returning officer for each of the wards
into which the said town is divided, and such returning
officer, and each of such deputy returning officers shall
before holding the said election take the oath or affirm-
ation required by law, and shall respectively be subject
to all the provisions of the municipal laws of Ontario
applicable to returning officers, and deputy returning
officers at elections in towns in so far as the same do not

conflict

1906. TOWN OF BLIND RIVER. Chap. 62 523,

conflict with this Act, and the said returning officer shall
have all the powers and perform their several duties
devolving on town clerks with respect to municipal elec-
tions in towns.

7. The said returning officer or chairman hereinbefore use of^ assess-
mentioned shall use so much of the last revised assess- tor's roll of
ment roll of the said Municipality of Blind River, as may Sin^Eiverto
be required to ascertain the names of the persons entitled fjuaYitfc" u!*°^
to vote in each of the said wards at the first election, or vote.

the collector's roll or the last revised voters' list of said
municipality in case the said assessment roll is not avail-
able and all other documents, statements, writings or
deeds that may be requisite or necessary to ascertain the
names of persons entitled to vote as aforesaid.

8. The council of the said town to be elected in man- council— How (
ner aforesaid shall consist of the mayor, who shall be the ' "inpose
head thereof, and six councillors, two councillors being

elected for each ward, and they shall be organized as a
council on the same day of the week "next following the
week of the polling, or if there be no polling on the same
day of the week next following the week of the said nom-
ination, and subsequent elections shall be held in the same
manner; and the qualification of mayor and councillors,
and for electors at such subsequent elections, shall be the
same as that prescribed and required by The Consolidated
Municipal Act, 1903, for mayors councillors and electors
respectively for and in incorporated towns, and the said
council and its successors in office shall have, use, exer-
cise and enjoy all the powers and privileges vested by the
municipal laws in councils of towns separated from
counties and shall be subject to all the liabilities, and
duties imposed by the said municipal laws on such coun-
cils.

9. The several persons who shall be elected or appointed Declarations of
to office under this Act shall take the declarations of office Salification-,
and qualifications now required by the municipal laws of

(he Province of Ontario to be taken by persons elected or
appointed to like offices in towns.

10. At the first election of mayor and councillors for Qualification ot
the said Town of Blind River, the qualification for mayor rouncniors at
and councillors and for electors shall be the same as that nrst eleclio"i_
heretofore required in the Municipality of Blind River.

11. The expenses incurred in obtaining the incorpor- Expenses of|7"-
ation of said town, and incidental thereto and in hold- toCbeborna0bV*
ing said first election ; and in furnishing any documents, 'own.
copies of papers, writings, deeds, or any matter whatso-
ever required by the said returning officer, chairman,

cl.-.k

524

Chap. 62.

TOWN OF BLIND RIVER.

6 Edw. VII

clerk or other officer of the said town or otherwise shall be
borne by the said town and paid to any party that may be
entitled thereto.

Ap?awsof" o£ 12- A- 11 by-laws which have been in force in the Muni-
municipality of cipality of Blind River shall continue and be in force in
Blind River to tlie Town of BW Riyer until repeaie(i by the council of

the said Town of Blind River, but nothing herein con-
tained shall validate or make legal any such by-law that
may be defective, illegal or beyond the jurisdiction of
the council of said Municipality of Blind Iliver to pass.

asscto,rtdebts, 13- The property, assets, debts, liabilities and obliga-
etc, of muni- tions of the Municipality of Blind River shall become and

eipahtv ot | _ * •> ......... .

Blind River to be the property, assets, debts, liabilities and obligations
and assumed of the Town of Blind River, and , said debts liabilities, and
by town. obligations of the said Municipality of Blind River shall
be assumed borne, paid and performed by the said Town
of Blind River, and nothing contained in this Act shall
free the said Town of Blind River or the wards compris-
ing it from any debt or liability now existing against the
Municipality of Blind River, and the creditors of the
Municipality of Blind River shall have all the rights and
remedies against the Town of Blind River for the enforce-
ment of their claims, as they had or might have previous
to the passing of this Act against the said Municipality
ot Blind River.

howatobetaXeS A-rrears of taxes due to the Municipality of Blind

collected. River in respect of lands within the limits of the Town
of Blind River as hereby incorporated, shall be collected
. and managed in the same way as the arrears due to towns,
and the mayor and treasurer of the said town shall perform
the like duties in the collection and management of
arrears of taxes as are performed by the said officers in
other towns in Ontario separated from counties, and the
various provisions of the law, relating to sales of land for
arrears of taxes, whether the same accrued before or after
the incorporation of the town of Blind River and to deeds
given therefor shall apply to the said corporation of the
Town of Blind River, and to sales of land therein for
arrears of taxes due thereon, and to -deeds given there-
for.

as^essmentnroii The assessment roll now being prepared b\ the asses-

°f Munidpaiity aor of the Municipality of Blind River, for the year 1906,
to town. shall when completed so far as the same relates to lands
within the limits of the Town of Blind River be valid to
all intents and purposes as if the said assessor had bees
appointed by the council of the said Town of Blind River,
but the council of the town of Blind River notwithstand-
ing the above provision may pass a by-law for taking the

assessment

1906.

TOWN OF BLIND RIVER.

Chap. 62

525f

assessment of the said town for the year 1906, between the
1st of May and the 1st of August, 1906, and if any such
by-law extends the time for making and completing the
assessment rolls beyond the 1st of June, 1906, then the
time for closing the court of revision shall be six weeks
from the day to which such time is extended and the final
return by the Judge twelve weeks from that day.

16. On, from and after the passing of this Act the incor- incorporation
poration of the Municipality of Blind River shall be and ^Municipality

i • i i ii i ii • t ■»«■•■ t of blind River

the same is hereby annulled, and the said Municipality annulled,
of Blind River shall cease to exist and the lands included
in said municipality outside of the lands included in the
Town of Blind River shall be restored to the position they
were in before the creation of the said municipality of
Blind River.

17. The District Judge of the District of Algoma shall Powers of bis-
have all the powers of a County Court Judge, under The HighJS(diioois,t'>
High Schools Act in all matters relating to or concerning etc-

high schools, in the Town of Blind River, and the appoint-
ment of high school trustees conferred upon the councils
of separated towns under The Consolidated Municipal
Act, 1903, is hereby conferred upon the Municipal Coun-
cil of the Town of Blind River.

18. The said returning officer, or chairman as the case Nomination of
may be shall at the nomination provided for by section 5Tmsteesth''01
of this Act receive nominations for two school trustees for

each of the said wards, and the election for such school
trustees shall be held in conformity with the provisions
of The Public Schools Act, and the first meeting of thej Edw vn
board of public school trustees shall be held on the same c. 39.
day of the week following the week of the polling or if
there be no polling on the same day of the week follow-
ing1 the nomination at two o'clock in the afternoon.

19. One of such school trustees for each ward shall Termotoniceot
remain in office only for the unexpired part of the yearTr"u.'esl1'0"'
1906, and the other one for each ward until the end of

the year 1907, and the length of time for each trustee
shall be determined by lot at the first meeting of the new
board of trustees.

CHAPTER

526

Chap. 63. TOWN OF BOWMANVILLE.

6 EDW. VII

CHAPTER 63.

An Act to confirm By-law number 618 of the Town
of Bowmanville.

Assented to 14th May, 1906.

WHEREAS the Municipal Corporation of the Town of
Bowmanville has by petition represented that in the
year 1894 an agreement was entered into between the Do-
minion Organ and Piano Company and the said Corpora-
tion by which the said Corporation undertook to endeavour
to procure the passing of a by-law granting a bonus of $5,-
000 to the said Company in consideration of their carrying
on the manufacture of organs and pianos in the said Town
and further to pass a by-law to exempt the property of the
said Company from taxation for a term of years; that the
by-law granting the said bonus was passed by the Council of
the said Corporation in the year 1894 and in the year 1900
in pursuance of the said agreement and after having been
repeatedly requested so to do, the Council of the said Cor-
poration unanimously passed the by-law exempting the
said Company from taxation except as to school taxes for
a period of ten years; that in the year 1899 the law which
had formerly permitted by-laws exempting manufacturers
from taxation to be passed by a two-thirds vote of the
council was amended so as to require the assent of the
electors to the passing of such a by-law but at the time
when the said by-law to exempt the Dominion Organ and
Piano Company from taxation was passed the said Council
were not aware that the law had been changed ; that the
said by-law was passed in good faith and to carry out
what the said Coimcil considered was an agreement with
the said Company; that the said Company have fulfilled
the conditions upon which the said bonus and exemption
were granted and are now carrying on business and
employing a large number of workmen in the Town
of Bowmanville and the maintenance of the said
business is of great importance to the said muni-
cipality; that in the present month of February
proceedings wpjp threatened to quash the said

bv law

190B.

TOWN OF BOWMANVILLE.

Cliap. 63

by-law upon the ground of illegality ; that in case pro-
ceedings should be taken to quash the said by-law and
.should be successful the said Corporation would be
involved in great expense and probably in further liti-
gation ; and that the exemption granted by the said by-
law has little more than four years to run ; and whereas
the said corporation has by the said petition prayed that
an Act may be passed to confirm and legalize the said
" by-law; and whereas it is expedient to grant the prayer of
the said petition ;

Therefore His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario enacts as follows: —

1. By-law number 618 of the municipal corporation of the*tf™nlfm
Town of Bowmanville, passed on the 5th dav of March, Bowmanville,

-i s\ r\r\ '-i-iffi-rfc-l y-\ confirmed.

1900, entitled A By-law to exempt the Dominion (Jrgan
and Piano Company from taxation except as to school
taxes" which said by-law is set out as Schedule "A" to
this Act is confirmed and declared to be and to have been
"from the date of the passing thereof legal, valid and bind-
ing to all intents and purposes, and the property of the
said the Dominion Organ and Piano Companv, in the
Town of Bowmanville, is declared to be and to have been
exempt from taxation for municipal purposes, except for
school purposes for the period of ten vears from the fifth
day of March, 1900.

SCHEDULE A.

By-law Number 618.

A By-law to exempt the Dominion Organ and Piano Company from
taxation, except as to school taxes.

Whereas the municipal council of the Town of Bowmanville, by
power authorized under the Revised Statutes of Ontario, volume
2. chap. 223, section 411, R.S.O. 1897, do hereby exempt the
Dominion Organ and Piano Company from taxation, except as to
school taxes, for p period of ten vears.

Passed March 5th, 1900.

(Sgd.) R. Russell Loscombe,

Mayor.

(Sgd.) John Lyle,

Clerk. •

(Seal.)

CHAPTER

528

Clap. 64

TOWN OF BROCK VILLR.

<> EDW. VII

CHAPTEE 64.

An Act respecting the Town of Brockville.

Assented Io 14th May, 1906.

Preamble. TP HEREAS the Municipal Corporation of the Town of
" Brockville has by petition represented that a defi-
ciency has occured in the sinking funds of three of its
debenture issues, which were authorized under three
several by-laws, as follows : By-law No. 282, passed on the
sixteenth day of January, 1885, for granting a bonus of
136,000 to The Brockville, Westport and Sault Ste. Marie
Railway Company; By-law 4662a, passed on the thirteenth
day of January, 1892, for granting of a bonus of $50,000
to The Brockville Carriage Company; and By-law No. 498<7,
passed on the third of October, 1892, consolidating the float-
ing debt of the Town of Brockville at $45,000; which
said deficiency has been caused in part by a reduction in the
rate of interest allowed by the banks on said sinking funds
and in part by the failure to deposit three instalments of
such sinking funds to the credit of the sinking fund accounts
in the years 1885, 1889 and 1892 ; and whereas it has further
been made to appear that for the purpose of making up
such deficiency so that at the maturity of the said deben-
ture issues the sinking funds will be sufficient
to meet the same, it will be necessary to pay in to said
sinking funds the sum of $10,000, and said muni-
cipal corporation has prayed that it may be author-
ized to borrow the said sum by a special issue of deben-
tures; and whereas by said petition it is represented that
certain real estate belonging to the Town of Brockville,
consisting of lots thirty-nine (39) and forty (40) in block
forty-two (42) according to the registered plan of the said
town was conveyed expressly for the purpose of establish-
ing a public market: and whereas it has been made to
apnear that said real estate is not required for and has
not been used as a public market for many years; and that
it is desirable that the trust above referred io should be
extinguished: and thai anthori+v should bo granted to
borrow $14,000 by a specinl issue of debenlnres for ihe pur-

190b TOWN OF BROCKVILLK. Chap. 64 529

pose of repairing, altering and improving the town hall in
the west ward market building; and whereas by said pe-
tition it is also represented and it has been made to appear
that it will be necessary to expend the sum of $7,000 for the
purpose of acquiring a site for, and the erection and equip-
ment of a building to provide accommodation for the Brock-
ville Fire Department, and the said municipal corporation
has prayed that it may be authorized to borrow the said sum
of $7,000, by a special issue of debentures; and whereas,
by said petition it is represented that it is desirable in the
public interest to fix the assessment of the property of The
James Smart Manufacturing Company of Brockville, Lim-
ited, at the sum of $20,000 for the period of ten years com-
mencing with the first day of January, A.D. 1906; and
whereas it is expedient to grant the prayers of said petition ;

Therefore His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of Ontar-
io, enacts as follows: —

1. The Corporation of the Town of Brockville may bor- Authority to
row, upon a special issue of debentures, bearing interest byTssue^of0,000
at such rate as the council of the said corporation mavdeb,entures t0

i ii- 1. p make up

determine, and payable in not more than twentv rears from deficiency in
the date of the issue thereof, the sum of $10,00p; to be ap- sinkingfunds-
plied only for the purpose of making up the deficiency which
has occurred in the sinking funds of three of the debenture
issues, as hereinbefore set out.

2. The parcel of land and premises belonging to theLandsccnvey.
Town of Brockville, consisting of lots thirty-nine (39) and ed t0 tow:n f°r
forty (40) in block forty-two (42) according to the regis- freed from*
tered plan of the said town is hereby declared to be freed trusts'
from the expressed trust contained in the conveyance of

the said lands to said town, whereby it is declared that such
lands are so conveyed for the purposes of a public market,
and said trust is hereby extinguished.

3. The said corporation may pass a by-law for the pur- Authority to
pose O'f borrowing $14,000 by a special issue of debentures l&^^ngijia
bearing interest at such rate as the corporation may deter- improving
mine, and payable in not more than twenty years from the

date of the issue thereof, for the purpose of defraying the
cost of repairing, altering and improving the town hall in
the west ward market building in the said town, provided
that the by-law shall not be finally passed until the assent
of the ratepayers, qualified to vote on money by-laws, has
been obtained thereto in accordance with the provisions of
The Consolidated Municipal Act, 1903.

4. The said corporation may also borrow, by a special Authority to
issue of debentures, bearing interest at such -ate as the top°urchase°of

34 s. said

530

Chap. 64*

TOWN OF BROCKVILLE.

6 Edw6 VII

site for and
erection of
tire hall.

Special rate.

said corporation may determine, and payable in not more
than twenty years from the date thereof, the sum of f 7,000,
to be applied only for the purpose of acquiring a site for and
erecting and equipping a building to provide accommo-
dation for the Brockville Fire Department.

5'. For the payment of the debt and interest represented
by the debentures to be issued under the authority of sec-
tions one, three and four hereof, there shall be annually
raised, levied and collected by the said corporation, during
the currency of the said debentures, by an annual special
rate upon the assessable propertv of the said corporation,
and in conformity with the provisions of The Consolidated
Municipal Act, 1903, a sum sufficient to discharge the said
debt and interest, when the same shall be respectively pay-
able.

Debentures
how payable.

6. The debentures to be issued for the purposes men-
tioned in this Act shall be payable in equal annual instal-
ments, including both principal and interest, in such man-
ner that the aggregate amount payable for principal and
interest in any < ne year shall be equal, as nearly as may be,
to what is payable for principal and interest during each
of thr1 other years, during the period within which the debt
is to be paid.

ok not required The by-laws to be passed under sections one and four
toby-iaws hereof shall not require to be submitted to the electors of
the said Town of Brockville, nor shall they require the
assent of such electors before the final passing thereof.

passed under
ss, 1 and 4.

Authority to
pass by-law
fixing assess-
ment Df Jas.
Smart M'f'g
Co.

8. — (1) The said corporation may pass a by-law fixing
the assessment of the real property of the James Smart
Manufacturing Company, Limited, at $20,000 per annum
and exempting the said company from business assessment
for the period of ten years, commencing with the first day
of January A.D. 1906, for municipal purposes; provided
that for school purposes and local improvements the pro-
perty and business of the said company shall be assessed
in the same manner as if this Act had not been passed.

(2) It shall not be necessary to submit to or have the
assent of the electors to the by-law of said corporation, to
be passed for the purpose mentioned in sub-section one of
this section.

34a s.

CHAPTER

1906.

TOWN OF BRUCE MINES.

Chap. 65 531 r

CHAPTER 65.

An Act respecting the Town of Bruce Mines and the
Copper Mining and Smelting Company of
Ontario, Limited.

Assented to 14th May, 1906.

WHEREAS the Corporation of the Town of Bruce Preamble.
Mines has petitioned,, praying that an Act may be
passed to ratify an agreement between the said Corpora-
tion and "The Copper Mining and Smelting Company of
Ontario, Limited," and to confirm and legalize a by-law
of the said Corporation numbered 27 and intituled "A
By-law to fix the assessment of all the property and assets
of The Copper Mining and Smelting Company of Ontario,
Limited, within the Town of Bruce Mines for a period of
ten years;" and whereas the said Corporation of the Town
of Bruce Mines by petition has represented that the enter-
prise of the said Company in so far as smelting of ore is
concerned is a new one and that there is no industry of a
similar nature established within the limits of the said
municipality ; and whereas a poll was held for the taking
of the votes of the ratepayers entitled to vote on said
By-law and a poll book prepared contained the names of
all the persons so entitled amounting to 136 names of per-
sons so entitled, and at said election or poll 94 persons
so entitled to vote polled their votes in favour of said By-
law and only 7 persons recorded their votes against the
said By-law showing as a result that more than a two-
thirds majority of the ratepayers who actually voted, voted
in favour of the By-law and said majority of the ratepayers
who voted in favour of the By-law, are a majority of the
ratepayers entitled to vote thereon; and whereas no oppo-
sition has been offered to the said petition ; and whereas
it is expedient to grant the prayer of the said petition ;

Therefore His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

532 Chap. 65, town or brxjce mines. 6 Edw. VII

ofytoawn^f' 21 1. Saving and excepting paragraph 2 of the said by-law
andcaegreementand subject to the provisions of section 2 of this Act, By-law
perViningand -^um^er ^ °^ tne Corporation of the Town of Bruce Mines,

Smelting Co.

finally passed on the Twenty-first day of December, A. D
confirmed. 1905> intituied »A By-law to fix the assessment of all the
property and assets of The Copper Mining and Smelting
Company of Ontario, Limited, within the limits of the
Town of Bruce Mines for a period of ten years," which is
hereunto annexed as Schedule "A" to this Act, is hereby
confirmed and declared legal, valid and binding upon the
said Corporation and the ratepayers thereof notwithstand-
ing any want of jurisdiction on the part of the said Muni-
cipality to pass the By-law and notwithstanding any defect
in substance or in form of the said By-law, or in the man-
ner of passing the same, and the said agreement referred to
in and made a part of the said By-law is ratified and con-
firmed and the said Corporation is hereby authorized and
empowered to do all necessary acts for the full and pro-
per carrying out of the said By-law and the agreement
therein referred to.

Property to be 2. Notwithstanding anything contained in the said
tionfnr'sehooi by-law, the lands and property of the said company shall
purposes. be liable to assessment and taxation for school purposes in
the same manner and to the same extent as if the said by-
law had not been passed.

SCHEDULE "A."

By-Law Number 27.

A By-law to fix the assesssment of all the property and assets of The
Copper Mining and Smelting Company of Ontario, Limited,
within the limits of the Town cf Bruce Mines for a term of ten
years.

Whereas the Copper Mining and Smelting Company of Ontario,
Limited, are proceeding to acquire all the property and assets of the
Bruce Copper Mines. Limited, and propose to actively engage in the
business of mining, reducing, smelting and otherwise treating copper
and other minerals, and have applied to the Council of the Corpor-
ation of the Town of Bruce Mines to fix a basis of assessment both
for municipal and school taxation purposes of all such property and
assets, for a period cf ten years.

And whereas in the opinion of the Council of the Corporation of
the Town of Bruce Mines, it is expedient and proper to grant the
request of said company ;

And whereas according to the last revised assessment roll of the
said town, being that for the year 1905, the amount of the whole
rateable property of the Municipality of the Town of Bruce Mines
is $166,060.

And whereas the existing debenture indebtedness of the said tewn
is the sum of $3,400 for principal and $1,530 for interest and no part
of the said principal or interest is in arrears ;

Therefore the Municipal Council of the Corporation of the Town
of Bruce Mines enacts as fcTilows : —

1906.

TOWN OF BRUCE MJNES.

Chap. 65

533 ,

1. That all the properties, lands, mines, mills, works, plants,
smelters, refineries, all personal property, all franchises used in con-
nection with the objects for which said Company was incorporated,
telegraph and telephone lines, docks, wharves, warehouses, busi-
nesses, and all other property of every description which may or
might be subject to assessment under the provisions of The Assess-
ment Act or any amendment thereto, belonging to the Copper
Mi ning and Smelting Company of Ontario, Limited, now upon or
which may, during the term cf ten years from the date of this
By-law shall take effect, be placed upon any of tne lands (at pre-
sent within the limits of the Town of Bruce Mines) which said Com-
pany shall have acquired from The Bruce Copper Mines, Limited,
shall, for all purposes of assessment both for municipal and school
taxes, during said term of ten years, be fixed and determined at
the sum cf not more than $35,000 in each year, and at no greater
sum in any one year, — the said sum of $35,000 hereby being fixeci
as the maximum amount at which the assessable property of said
Company in said Town of Bruce Mines shall be assessed by said Cor-
poration for payment of any municipal or school taxes, rates cr
other assessments.

2. That all other property or lands which the said Company shall
or may hereafter acquire cr become possessed of, other than that
which is at present within the limits of the Corporation of the Town
of Bruce Mines and which is being transferred from the Bruce Cop-
per Mines, Limited, to said Company, shall, providing same shall have
been acquired or become possessed of, for any legitimate purpose
or object for which said Company was incorporated, and not for
residential purposes or for the purpose of carrying on the business
cf a retail merchant, be included in the fixed assessment of $35,000
before mentioned, and shall not be liable to any ether assessment
than aforesaid, during said period of ten years. Provided, however,
that if said Company shall have acquired or become possessed of any
such extra property or lands and shall use same for residential pur-
poses or for the purpose of carrying on the business of a retail mer-
chant, then such property or lands so acquired and so used for
lastly named purposes, shall be assessable the same as any ether
property or lands of a similar nature in the vicinity is assessable.

3. If at anv future time within the said term of ten years, the
present boundaries of the Corporation of the Town of Bruce Mines
should be enlarged so as tc include additional property, at present
not within the limits of said town, and if said additional property
or territory shall be or shall become the property and assets of the
said The Copper Mining and Smelting Company of Ontario, Limited,
then such additional property or territory shall be included in the
fixed assessment of $35,000 before mentioned and shall not be liable
to anv other assessment than as aforesaid, provided, of course, that
such additional property or territory shall be used by said Company
for actual mining, smelting or refinery purposes or for any ether
legitimate purpose for which said Company was incorporated, and
not for residental purposes or for the purpose of engaging in any retail
mercantile business, otherwise said additional property or territory
shall be liable to assessment the same as other property of a similar
nniure in the vicinity is assessable.

4. The Mayor and Clerk of the said Corporation are hereby auth-
orized and empowered to make and enter into an agreement with
the Copper Mining and Smelting Company of Ontario, Limited, in
the form and to the effect hereinafter mentioned in Schedule "A"
hereto, which said agreement is hereby incorporated in and shall
fcrm part of this By-law.

5. This By-law shall take effect upon, from and after the 31st day
of December, A. D. 1905.

6. That the vote of the qualified electors of said Town of Bruce
Mines shall be taken on this By-law by ballot pursuant to The Con-
solidated Municipal Act of 1008, on Saturday, the 23rd day of Sep-
tember,

534

Chap. 65.

TOWN OF BRUCE MINES. 6 EDW. VII

fcember, A.D. 1905, from the hour of nine o'clock in the forenoon until
the hour of five o'clock in the afternoon of the same day at the
place and by the Returning Officer hereunder specified, that is to say ;
at the Temperance Hall, Bruce Mines, by Thomas Sullivan, Return-
ing Officer.

7. That on Saturday, the 23rd day of September, A.D. 1905, at
the hour of eight o'clock in the forencon, the Mayor of the said
tcwn shall attend at the Temperance Hall, Bruce Mines, for the
purpose cf appointing in writing sighed by himself two persons to
attend at the final summing up by the Returning Officer of the
votes polled on this By-law and also of appointing seme person on
behalf of the persons interested in and desirous of promoting the
passing of this By-law and a like number on behalf of the persons
interested in and desirous of opposing the passing of this By-law.

8. That the Clerk of this Council shall sum up the number of
votes given for and against this By-law at the Temperance Hall,
Bruce Mines, on the 23rd day of September, A. D. 1905, at the
hour of 5.30 o'clock in the afternoon.

Read a first and second and third time this 25th day of August,
A. D. 1905.

A. Downing, Mayor.
Thos. Sullivan, Clerk.

Finallv passed in open council this twenty-first day of Decem-
ber, A. D. 1905.

A. Downing, Mayor.
Thos. Sullivan, Clerk.

Schedule "a."

Memorandum of Agreement made and entered into this 25th
day of August, A. D. 1905, between The Copper Mining
and Smelting Company of Ontario, Limited, hereinafter called
the "Company," of the first part, and the Corporation of the
Town of Bruce Mines, hereinafter called the "Corporation, " of
the second part.

Whereas the Company is proceeding to acquire all the property
and assets heretofore owned by the Bruce Copper Mines Limited,
and proposes to engage at Bruce Mines in the business of mining,
reducing, smelting and otherwise treating copper and other min-
erals, or in manufacturing from the products of said ores and has
applied to said Corporation to fix a basis of assessment for municipal
and school taxes on all their property for a period of ten years ;

And whereas these presents are given for the purpose of more
clearly expressing the understanding between said Company and
said Corporation ;

Thprefore this agreement witnesseth as fellows ; that is to say :

1. The Company, in consideration of the covenants herein con-
tained on behalf of the Corporation, covenants with the Corpora-
tion ;

(a) . To acquire and operate the copper mine now existing and
known as the Bruce Mines.

(b) . To acquire, maintain, and operate the concentrating mill
now erected at Bruce Mines.

(c) To construct, maintain and operate a suitable plant for the
purpose of smelting and reducing the ores mined and raised from
said Bruce Mines, and such other ores as the Company may desire
to treat ;

(d) To acquire, hold, and use the other lands, properties, plant,
works and holdings of the said The Bruce Copper Mines, Limited,
at the Town of Bruce Mines, and in the vicinity thereof ;

(e) To employ, in and about and in connection with the said
operation for two hundred and fifty (250) days at least in each

year

1906.

TOWN OF BRUCE MINES.

Chap. 65

535 i

year during the term of ten years hereinbefore provided for, at
least one hundred men at current wages, accidents, strikes and
other circumstances beyond their control excepted.

(/) To pay all necessary costs cf submitting By-law Number 2?
hereto annexed to the Legislature of the Province of Ontario for
its ratification or confirmation of said by-law ;

In consideration wherecf the Corporation covenants and agrees
with said Company as follows, that is to say: —

(a) To submit By-law Number 27 hereto annexed to the qualified
electors of the Town of Bruce Mines, and to endeavor to have the
necessary assent cf said electors given to said By-law.

(6) To observe and confcrm to the provisions and objects of said
By-law as is provided for by same.

(c) To pay all necessary costs in connection with the drafting,
publishing and obtaining the necessary assent of the qualified elec-
tors of said By-law.

It is further understood and agreed between said Corporation
and Company that in case the Company's operations shall cease
during the period of any one year during the said term of ten
years, its property may be assessed for such period by the Corpora-
tion for municipal and school taxes as if this agreement and the
said By-law had not been executed or passed, but the provisions
of said By-law and agreement as to the residue of said term shall
not otherwise be affected.

Wherever in this agreement and in said By-law the words "The
Company" are used, such words shall extend to, mean and include
the said Company, its successors and assigns, and other companies
and corporations subsidiary thereto or allied therewith, and to
companies which may hereafter and during said term be engaged
in treating, reducing or refining ores mined by the said Company
(party cf the second part) or in manufacturing from the products
of the said Company.

In witness whereof the said Company and the said Corporation
have duly executed these presents.

CHAPTER

536

Chap. 66.

VILLAGE OF CAMPBELLFORD.

6 Emv. VII

CHAPTER 66.

An Act respecting- the Village of Campbellford.

Assented to 27th April, 1906.

preamble. \\/ HEREAS the Corporation of the Village of Campbell-

* T ford have by petition represented that the said Vil-
lage now contains over two thousand inhabitants and has
by petition prayed that it may be incorporated as a Town
with all the rights, powers and privileges of towns under
The Consolidated Municipal Act, 1903, and amendments
thereto, and that an Act may be passed to apportion the
cost of maintaining the bridge on the River Trent within
the limits of said Village, from and after the erection of
said Village into a Town, in accordance with the terms
of a report of a special committee of the Council of the
United Counties of Northumberland and Durham, duly
adopted by said Counties' Council, as set out in Schedule
"A" to this Act, and of resolution No. 1,291, of the said
Counties' Council set out in Schedule "B" to this Act;
and whereas it is expedient to grant the prayer of the said
petition ;

Therefore His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows;

oftownrofion !• 0n and after tne $rst day of July> 1906 - tlie "Village
Campbellford. 0f Campbellford, shall be and is hereby incorporated as a

Town to be hereafter known as "the Corporation of the Town

of Campbellford" and as such shall enjoy, possess and

exercise all the rights, powers and privileges of towns

under The Consolidated Municipal Act, 1903, and any

amendments thereof.

Application of 2. The provisions of The Consolidated Municipal Act,
?9Edw' VI1'' c' 1903, relating to matters consequent on the formation of
new municipal corporations and the other provisions of The
Consolidated Municipal Act, 1903, relating to towns shall
after the first day of July, 1906, except so far as is herein

otherwise

1906. VILLAGE OF CAMPBELLFORD. Chap. 66

537
1

otherwise provided, apply to the said Town of Campbell-
ford in the same manner as if the said Village of Camp-
bellford had been erected into a Town under the provisions
of the said Municipal Act.

3. The said Town of Campbellford shall comprise and Limits of town. •
consist of the present Village of Campbellford.

4. On the last Monday of the month of December, 1906. ™f0 ofnomi-
it shall be lawful for Edward Charles West, or the clerk of polling,
the municipality for the time being, who is hereby
appointed returning officer, to hold the nomination for the

first election of mayor and councillors at the town hall, in
the said Town of Campbellford, at the hour of noon, of
which due notice shall be given in the same manner as the
same would be given if the said Town of Campbellford had
been incorporated under the provisions of The Consolidated
Municipal Act, 1903, and amending Acts, and he shall pre-
side at the said nomination, or, in case of his absence, the
electors present shall choose from among themselves a
chairman to preside at the said nomination, and such chair-
man shall have all the powers of a returning officer, and
the polling for the said election (if necessary) shall be held
on the same day of the week next following the said nom-
ination, and the returning officer shall have all the powers
and perform all the duties devolving on town clerks with
respect to municipal elections in towns.

5. The Council of the said Town shall have power by by- Depu^ return-
law to be passed before the last Monday in the month of mg ° cers'
December to appoint a deputy returning officer for each of

the oolling subdivisions of the said Town, each of whom
shall have all the powers and perform all the duties of
deputy returning officers in municipal elections for towns,
and also bv by-law to be passed within the time aforesaid to
name the places in each of the several polling subdivisions
at which the election of mayor and councillors shall be held
in case a poll be required.

6. The Council of the said Town, to be elected in manner council— how
aforesaid, shall consist of the Mayor, who shall be the head composed-
thereof, and six Councillors.

7. The Mayor and Councillors so to be elected shall hold First meeting
their first meeting at the council chamber, in the Ferris 0 0
block, in the said Town of Campbellford, at eleven o'clock

in the forenoon of the same day of the week next following
the polling, and, if there shall not be any polling, on the
same day of the week next following the nomination.

8. The several persons who shall be elected or appointed ^^T^^DS-oi
under this Act shall make the declaration of office and qualifications.

qualification

538 Chap. 66.

VILLAGE OF CAMPBELLFORD. ,6 EDW. VII

qualification now required by The Consolidated Municipal
Act, 1903, to be taken by persons elected or appointed to
like offices in towns.

e1ectorsaetcn°£ 9- At tne first election of Mayor and Councillors for the
at first election, said Town of Campbellford the qualification of electors and
that of officers required to qualify shall be the same as that
required in villages by The Consolidated Municipal Act,
1903.

vinageaby-n °£ All by-laws and municipal regulations which are in

laws, etc. force in the Village of Campbellford shall continue and be
in force as if they had been passed by the Corporation of the
Town of Campbellford, and shall extend to and have full
effect within the limits of the said Town.

^li&geto"^ t0 ^ statutes heretofore passed and in force on the

apply to town, first day of July, A.D. 1906, relating to the said Village of
Campbellford, shall remain in force and effect, and be
applicable to the said Town of Campbellford.

Assets and Ha- 12. The Town of Campbellford shall in all matters what-
lagVto belong soever stand and be in the place and stead of the Village of
to town. Campbellford, and all property, assets, debts, liabilities
and obligations of the Village of Campbellford shall belong
to and be assumed and paid by the Town of Campbellford,
and all matters begun or initiated by the said village may
be completed by the said town, and all acts, matters and
things whatsoever which might be lawfully done by the
Village of Campbellford shall and may be done by the Town
of Campbellford.

officers of vii- 13. All officers of said Village of Campbellford shall con-
officers of tinue to act, and have power as such, as officers of and
town. within the Town of Campbellford until the council of the

said town shall otherwise order and direct.

Reeveand 14. From the passing of this Act until the election of

viHageto'hoid mayor and councillors of the said town, as aforesaid, the
election tU first reeve and councillors of the said Village of Campbellford
shall continue in office as the mayor and councillors re-
specting the said Town of Campbellford.

Maintenanceof 15. — (1) From and after the first day of July, 1906, and so
Trent river in long as the population of the Town of Campbellford shall
not exceed 5,000, the corporation of the Town of Campell-
ford shall bear and pay one-fourth of the actual cost of the
maintenance of the Bridge on the River Trent within the
limits of the Town of Campbellford and shall bear and
pay the expense of keeping the roadway and sidewalks on
the bridge clear from dirt and snow, and the County of
Northumberland shall bear and pay three-fourths of the
costs of maintenance of the said Bridge, and such main-
tenance

1906.

VILLAGE OF CAMPBELLFORD.

Chap. 66

53?

tenance shall be made under the joint supervision of
the said Corporations; provided, however, that the said
Town may expend on said bridge in any one year any sum
not exceeding ten dollars without the concurrence of the
said counties.

(2) "Maintenance shall include rebuilding when neces-
sary.

16. When and so soon as the population of the said Town Maintenance^
exceeds five thousand, the said Town shall have exclusive population^611
jurisdiction over the said bridge and shall assume the lia- |°0^o. exceeds
bility thereof as provided by The, Consolidated Municipal

Act, 1903, or any amendments that may from time to time
be made thereto.

17. In case of the withdrawal of the Town of Campbell- Maintenance of
ford from the jurisdiction of the Council of the United Nation of town
Counties of Northumberland and Durham all liability of f l0m county,
the County Northumberland in connection with the main-
tenance or rebuilding of the said bridge shall thereupon

cease notwithstanding the fact that the population of the
said town at the time of such withdrawal shall be less than
five thousand.

SCHEDULE "A.

Cobourg, January 25th, 1906.

Your special committee appointed to meet the delegation from
the Village of Campbellford beg to report as follows : —

Your committee has given the matter referred to us full con-
sideration and recommend that the United Counties do not oppose
the application of the corporation of the Village of Campbellford
to incorporate as a town, provided that the following conditions
be inserted in and form a part of the Act of Incorporation, that
is to say :

From and after the passing of any Act incorporating the now
Village of Campbellford into a town, the said Town of Campbell-
ford shall assume and pay onet-fourth of the annual costs of main-
tenance of the present counties' bridge across the River Trent
within the limits of the said corporation, and will also keep the
roadway and sidewalks clean and so long as the population of the
said Town shall be less than 5,000, the County of Northumberland
shall pay the other three-fourths thereof. But so soon as the
population of the said town shall exceed 5,000, the said town shall
assume all expense of maintenance and otherwise in connection with
the said bridge and relieve the County of Northumberland from
any further liability in connection therewith.

And further should the said Town of Campbellford at any time
separate from the United Counties under the provisions of The
Municipal Act all liability of the County of Northumberland in
connection with the said bridge' shall thereupon cease, notwith-
standing

540

Chap. 66.

VILLAGE OF CAMPBELLFORD.

6 Edw. VII

standing the fact that the population of the said town, upon
separation, shall be less than 5,000.

(Signed) J. W. Crews,

Chairman.
T. H. Tweed le.
R. D. Rutherford.
J. M. Arnold.
Thos. Davidson.
Hugh Masterson.
F. Wolfraim,
Geo. Spence.
D. C. Matthews.
J. Miller.
Geo. Dunnet.

SCHEDULE "B."

Moved by Mr. Miller,
Seconded by Mr. Matthews,

That the council of the Village of Campbellford be allowed to
expend up to the sum of ten dollars in any one year on the
Campbellford bridge or sidewalk without consulting with the Com-
missioner of said bridge, but no amount over ten dollars shall be
expended by said council without first consulting with the counties
commissioner of said bridge. This resolution shall come into effect
when the village shall become incorporated as a town. — Carried.

CHAPTER

1906.

TOWNSHIP OF CAVAN.

Chap. 67 54 lf

CHAPTER 67.

An Act to confirm By-law No. 474 of the Township

ot Cavan.

HEREAS the Corporation of the Township of Cavan Preamble.

YY have, by their petition, shown that the Municipal
Council of the Township of Cavan, in the County of Dur-
ham, on the 28th day of March, A.D. 1905, finally passed
a by-law numbered four hundred and seventy-four, A.D.
1905, intituled "A By-law to provide for drainage works
in the Township of Cavan, in the County of Durham, and
for borrowing on the credit of the municipality the sum
of six thousand two hundred and twenty-five dollars and
fifteen cents for completing the same;" and that a large
tract of land lying within the limits of the said corporation,
at present of little value, might be made valuable by a
feasible drainage scheme, which would empty surface
water into a good and sufficient outlet in the adjoining
Township of North Monaghan, in the County of Peter-
borough, and that, under the provisions of The Municipal
Drainage Act, some thirty-five owners of land within the
said tract or area, and representing more than half the
acreage thereof, and being, in fact, a majority of the
actual owners of the said lands, in December, A.D. 1903,
petitioned the council of the said corporation to pass such
by-law; and that, there not being any counter petition or
other opposition to the same, the said council proceeded
to grant the prayer of the said petition, and, thereupon,
appointed a skilled ana qualified engineer, and, subse-
quently, drainage viewers, who, together, reported to the
said council in favor of the drainage works petitioned for,
and devised a drainage scheme and made an assessment
under the provisions of the said Drainage Act; and that
the Clerk of the said council, as directed by section sixteen
of the said Drainage Act, duly notified all parties assessed
of the filing of the said report, and of the date of a meet-
ing of the said council when the same would be considered ;
and that, subsequently, the said council duly held such

Assented to 27th April, 1906.

meeting

Chap. 67. township of cavan. 6 Edw. VII

meeting, when the said report was duly read and considered
and an opportunity given to any persons who had signed
the said petition to withdraw therefrom, and, at the close
of the said meeting, no one having withdrawn from the
said petition, the said report was thereupon adopted, and
the said council proceeded to pass a provisional by-law
authorizing the said drainage work ; and that the said coun-
cil duly served copies of the said report, and plans, speci-
fications, assessments and estimates of the said drainage
works on the corporation of the said adjoining municipality
of North Monaghan, and published the said by-law, as
directed by the said Drainage Act, and did all other acts
and things therein required by law ; and that the said coun-
cil duly held a Court of Revision under the provisions of
the said Drainage Act to revise the said assessments made
by the said engineer and drainage viewers, when all such
assessments were properly adjusted and finally revised;
and that no appeal having been made from the said Court
of Revision, and no motion or other proceeding having
been made or taken against the said petition, report or
provisional by-law, the said council, on the 28th day of
March, A.D. 1905, finally passed the said by-law; that on
or aoout the 28th day of April, 1905, an application was
made by one George C. McBain, an owner of land within
the area described in the said petition but who had not
signed the same to the Drainage Referee, of the Province
of Ontario, to set aside the said by-law on the ground
among others that the petition was not signed by a major-
ity in number of the residents and non-residents (exclus-
ive of farmers' sons not actual owners) as shown to be
the owners of land within the said area; that
the said objection was not taken at the meeting
held to consider the report of the engineer and
drainage viewers although said McBain was present
thereat; that as a fact the said petition was signed by
a majority of the actual owners of lands to be benefited al-
though a number of persons, who should have been as-
sessed as farmers' sons, were entered on the roll as joint
owners ; that the said application was heard by the said
Drainage Referee on the 1st day of June, 1905, and the
said Drainage Referee has since reported that he finds
as a matter of law the said petition was defective, the as-
sessment roll of the said township for the year 1903 being
then final and conclusive as to the status of owners
of lands within the said area, as their names appeared on
the said roll, but the said Drainage Referee suggests in
his said report that application be made to the Legisla-
ture for an Act to legalize the said by-law and ordered a
stay of proceedings thereon until the 1st day of February,
1906, that such application might be made; and has since
enlarged the said stay until the 1st day of April, 1906 ; that
a very large majority of the actual owners of lands within
the said drainage area are now in favor of the said drain-
age

1906. township of cavan. Chap. 67 543 ^

age works and desire that the said by-law be confirmed
and that the said works be proceeded with; and whereas
it appears that the said drainage work is desirable and
necessary in the interests of the owners of lands within
the said drainage area as well as of the said township and
the public generally, and that grants to the amount of
$^,000 have been made by the Province of Ontario for
the purpose of assisting the said work; and whereas the
said corporation of the Township of Cavan has by its said
petition prayed that an Act may be passed to confirm and
legalize the said by-law and debentures to be issued there-
under; and whereas it is expedient to grant the prajer of
the said petition ;

Therefore His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of On-
tario, enacts as follows: —

1. By-law No. 474 of the Municipal Corporation of the By-iawNo
Township of Cavan, set forth in Schedule "A" to this Act, theTownsiiip
is hereby confirmed and declared legal, valid and binding confirmed,
upon the said Corporation of the Township of Cavan and

tbe ratepayers thereof, notwithstanding any defect in sub-
stance or in form of the said by-law, or in the manner of
passing the same, or in the petition therefor or otherwise ;
and the Corporation of the Township of Cavan is hereby
authorized and empowered to issue debentures, as provided
by the said by-law, and the debentures so to be issued under
the said by-law are hereby declared to be valid and bind-
ing upon the said municipality, and the said Corporation
of the Township of Cavan is authorized and empowered
to levy and collect from the various lots and parts of lots
and roads of the municipality mentioned and described in
the said by-law the several yearly special rates and assess-
ments mentioned and described in the said by-law, and the
said corporation is authorized and empowered to do all acts*
ftn d thing's necessary for the full and proper carrying out
of the said by-law No. 474 of 1905, and the issue and sale
of debentures thereunder.

2. Nothing in this Act contained shall affect the costs costsrof pend-
of any action, litigation or other proceeding now pending, affleted.n
but the same shall be in the discretion of the Court or
Drainage Referee, as the case may be, and shall be awarded

and determined in the same manner as if this Act had not
been passed.

SCHEDULE "A."
By-law No. 474.

A By-law to provide for drainage work in the Township of Cavan,
in the County of Durham, and for borrowing on the credit
of the Municipality the sum of Six thousand two hundred and
twenty-five dollars and fifteen cents for completing the same.

Provisionally adopted the Twenty-first day of November, A.D.
1904.

Whereas the majority in number of the resident and non-resi-
dent

544

Chap. 67.

TOWNSHIP OF CAVAN.

6 Edw. VII

dent owners (exclusive of farmers' sons not actual owners), as
shown by the last revised assessment roll of the property herein-
after set forth to be benefited by drainage works have petitioned
the Council of the said Township of Cavan praying that the area
of land within the said Township and being described as follows :
that is to say, part of the northeast quarter of lot number eight
in the xenth concession, the northwest quarter of lot number nine
in the tenth concession, the southeast quarter of lot number eight
in the eleventh concession, the northeast quarter of lot number
nine in the eleventh concession, the south half of lot number nine
in the eleventh concession, lot number ten in the eleventh conces-
sion, and the northwest quarter of lot number eleven in the eleventh
concession, and the southeast quarter of lot number nine, lot num-
ber ten, the north half of lot number eleven, part of the south-
west quarter of lot number eleven, part oi the south part of lot
number eleven, the southeast quarter of lot number eleven, lot
number twelve, the north half of lot number thirteen, the south
half of lot number thirteen, the west half of lot number fourteen,
the east half of lot number fourteen, the north half of lot number
fifteen, the north half of let number sixteeti, all in the twelfth
concession.

The southeast quarter of lot number thirteen, the southwest
quarter of lot number thirteen, lot number fourteen, the north
half of lot number fifteen, the south half of lot number fifteen,
the west half of lot number sixteen, the east half of lot number
sixteen, lot seventeen, the west half of let number eighteen, the
east half of. lot number eighteen, the west half of lot number nine-
teen, the east half of lot number nineteen, the west half of lot
number twenty, the east half of lot number twenty, the west half
of lot number twenty-one, the east half of lot number twenty-
one, the north half of lot number twenty-two, the south half of
lot number twenty-two, and lot number twenty-three, all in the
thirteenth concession.

The south half of lot number twenty-three, the southeast quar-
ter of lot number twenty-two, the west half of lot number twenty,
the east half of lot number twenty, the east half of lot number
nineteen, the west half of lot number nineteen, the south half of
lot number eighteen, the north half of lot number eighteen, the
southwest quarter of lot number seventeen, part of lot number
seventeen, the east half of lot number sixteen, the west half of
lot number sixteen, the east half of lot number fifteen, the south- . »
•west quarter of lot number fifteen, and part of lot number fifteen,
all in the fourteenth concession.

Also the road allowances between the eleventh and twelfth con-
cessions opposite part of lot nine, lot ten, and the west part of
lot number eleven.

The road allowances between the twelfth and thirteenth con-
cessions opposite lots numbers twelve, thirteen, fourteen, fifteen,
and part of sixteen.

The road allowances between the thirteenth and fourteenth con-
cessions opposite lots numbers fifteen, sixteen, seventeen, eighteen,
nineteen, and twenty, and the east quarter line of road allowance
on the thirteenth and fourteenth concessions may be drained by
means of a drain or drains and the deepening, straightening,
widening, clearing of obstructions or otherwise improving the
stream, creek or watercourse, known as the Long Swamp Creek.

And whereas thereupon the said council has procured an exam-
ination to be made by John E. Belcher, Engineer, and George
Cambell and Robert Vance, Drainage Viewers, being persons com-
petent for such purpose of the said area proposed to be drained,
and the means suggested for drainage thereof, and of other lands
and roads liable to assessment under The Municipal Drainage Act,
and has also procured plans, specifications, and estimates of the
drainage work to be made by the said John E. Belcher, George
Cambell, and Robert Vance, and an assessment to be made by the

said

1906.

TOWNSHIP OF CAVAN.

Chap. 67

said engineer and drain viewers, of the lands and roads to be
benefited by such drainage work, and of other lands and roads
liable for contribution thereto, stating as nearly as they can the
proportion of benefit, outlet liability and injuring liability, which
in their opinion will be derived or incurred in consequence of such
drainage work by every road and lot or portion of lot, the said
assessment so made being the assessment hereinafter by this By-
law enacted to be assessed and levied upon the roads and lots or
parts of lots hereinafter in that behalf specially set forth and des-
cribed, and the report of the said John E. Belcher, George Cambell
and Robert Vance in respect thereof and of the said drainage work
being as follows : —

Beport Cavan Swamp Drain.
To the Municipal Council of the Township of Cavan.
Gentlemen, —

1. Having been appointed your engineer to report on the prac-
ticability of draining the Cavan Swamp, I have made a thorough
examination of this swamp, and beg to report as follows: —

2. I have made a survey and have taken the necessary levels,
and find that an outlet drain can be constructed which will afford
an outlet for the drainage of 2865.5 acres of land in the Township
of Cavan and 78.0 acres in the Township of North Monaghan a
list of which lands is attached.

3. These lands are to-day practically without value excepting
for what wood there is on them, and in my opinion the construc-
tion of an outlet drain such as here contemplated would increase
their value at least $20 per acre if only for grazing purposes. Where
the land is good a small expense in the construction of private
drains to this outfall drain would largely aid the value.

4. There are besides some seven and a half miles of road or road
allowance, (some 60 acres) in the Township of Cavan about three-
quarters of a mile of this being the boundary line between the
Townships of Cavan and North Monaghan, which the formation cf
this drain would materially improve in part, as on the thirteenth
and fourteenth concession lines, enabling roads to be made, and on
the remainder cheapening the cost of maintenance of existing
roads and preventing flooding in the spring.

5. I have made plans, profiles and specifications which are sub-
mitted with the report.

6. Assuring myself that there was sufficient fall to insure the
easy flow of the ditch, and that the ditch being small the quan-
tities of excavation were also small, and not difficult to estimate
approximately for the first 3,500 feet at the west end of Section
No. 1, I did not go to the expense of cutting a line, it not being
necessary for the purposes of this report, but contented myself
with a careful survey in walking over the grounds. Therefore
for the first 3,500 feet there are no levels shown on this profile.

7. Messrs. George Cambell and Robert Vance, your drain viewers,
and myself, have carefully considered together what proportion of
the costs of this drain should be borne by your municipality, and
have unanimously agreed to recommend that the township contri-
bute $1,800.00 in addition to the cost as stated in paragraphs.il
and 12 of this report, and in addition to any cost to which it is by
law liable.

8. The charge against the Municpality of North Monaghan has
been based on this according to the percentage which one-half of
the portion in the swamp of the bundary line between the town-
ship is of the total mileage of roads affected.

9. The drain will be maintained by both municipalities, the
Township of Cavan paying 96 per cent, the Township of North
Monaghan 4 per cent., this being a fair division proportionate to
the benefits derived by each from this drain.

10. After making a careful estimate of the quantities of excava-
tion, etc., I find that the cost of this drain will be $8,751.55, of
which $1,800.00 is chargeable against the Municipality of Cavan.

35 s. $3,725.15

546

Chap. 67.

TOWNSHIP OF CAVAN.

6 Edw. VII

$3,725.15 is chargeable against lands situated in the Township of
Cavan, $125.00 is chargeable against the Municipality of North
Monaghan, and $101.40 is chargeable against lands situated in the
Township of North Monaghan, and $3,000.00 is contributed by the
Province of Ontario, the details of which are set forth in the accom-
panying list of lands affected, which further shows the estimated
benefit derived individually by the lands affected, their individual
liability in connection with the construction of the drain, and the
individual yearly cost of defraying the same on a basis of paying
this off in twenty annual instalments, the unpaid portion thereof
bearing interest at five per cent.

11. Where the drain follows the thirteenth and fourteenth con-
cession roads all the material excavated which is suitable for road
making, such as gravel or clay will be spread along or near the
centre of the road allowance as far as it will go up to the width
of twelve feet. The cost of this, which until the nature of the
ground is more fully determined it is impossible to estimate
exactly, but which will be in the neighborhood of $250.00, and the
cost of any grubbing or close chopping which may be necessary to 1
clear twelve feet along the centre of the road allowance, and which
may be necessary for clearing right of way for the drain whereon
the road allowance, which I estimate at $250.00, will be borne by
the Municipality of Cavan according to the Act.

12. I do not find that any additional bridges or culverts will be
required on the present travelled roads of either municipality,
excepting on the roads between lots twelve and thirteen in the
twelfth concession of Cavan, where a culvert will be necessary, and
opposite lot ten where the drain crosses the twelfth concession road
in the Municpality of Cavan, costing altogether $200.00, which
cost will be borne by the Municipality of Cavan.

13. There is no necessity for bridges between highways and
private lands or for farm bridges.

14. There are no ditches or private watercourses for which allow-
ance need be made.

15. There are neither outlet liability nor injuring liability in
connection with this drain.

All of which is respectfully submitted.

John E. Belchee,
Approved, Engineer.
George Cambell.
Robert Vance.

22nd September, 1904.

And whereas it has been found necessary to continue the said
drainage work into the Municipality of the Township of North
Monaghan, and the said engineer and drainage viewers have re-
ported thereon ;

And whereas the said Council of the Township of Cavan has duly
served the head of the Municipality of the Township of North
Monaghan with a copy of the said report, plans, specifications,
assessments and estimates ;

And whereas the said Municipality of North Monaghan has not
appealed against the same, and the time for making such appeal
has expired ;

And whereas the amcunt of the whole rateable property of the
said Municipality of the Township of Cavan, according to the last
revised assessment roll is the sum of $1,555,875;

And whereas the amount of the existing debenture debt of the
said Municipality of Cavan is the sum of $1,500.00, and none of
the principal or interest thereon is in arrear ;

And whereas the sum of $6,225.15 is the amount of the debt
intended to be created by this By-law, the sum of $3,447.85 thereof
being assessed against the Municipality, and the remainder thereof,
$2,777.30, being assessed against the said lands and lots and parts
of lots, which said latter amount of the debt is created not only
35a s. on

1906.

TOWNSHIP OF CAVAN.

Chap. 67

on the security of the special rate relating thereto, settled by this
By-law, but is also further guaranteed by the said Municipality of
the Township of Cavan at large by the issue of debentures for the
said total amount as hereinafter mentioned under the provisions
of The Consolidated Municipal Act, 1903, and The Municipal Drain-
age Act;

And whereas the total assessed value of the said lands, lots and
parts of lots, according to the last revised assessment roll is the
sum of $82,450.00;

And whereas the said engineer and drainage viewers have report>-
ed that their estimated cost of the work within the Municipality
of Cavan is the sum of $8,423.76, and in the Municipality of North
Monaghan the sum of $327.79, and that the cost thereof on the
road allowance or boundary between the said municipalities is
nothing, there being at that point a sufficient creek, already
spanned by a proper bridge ;

And whereas the said council are of opinion that the drainage
of the area described is desirable ;

Therefore the said Municipal Council of the said Township of
Cavan pursuant to the provisions of The Municipal Drainage Act,
enacts as follows: —

1. The said report, plans, specifications, assessments and esti-
mates are hereby adopted, and the drainage work therein indicated
and set forth shall be made and constructed in accordance there-
with.

2. The reeve of the said Municipal Corporation of the Township
of Cavan may borrow on the credit of the corporation of the said
Township of Cavan, the sum of six thousand two hundred and
twenty-five dollars and fifteen cents, being the funds necessary for
the work not otherwise provided for, and may issue debentures
of the corporation to that amount in sums of not less than $100.00
each and payable within twenty years from the date thereof with
interest at the rate of four and one-half per centum per annum,
guaranteed by the municipality at large in the form and manner
following, that is to say, such debentures to be sealed with the cor-
porate seal of the Township of Cavan, and to be signed by the
reeve and countersigned by the treasurer, to be repayable within
twenty years after the issue thereof in equal yearly instalments,
one of such debentures to be payable at the expiration of one year
from the date of issue, and one of such debentures on a correspond-
ing date in each of the succeeding nineteen years, and all such
debentures to be payable at the office of the Bank of Toronto, in
the Village of Millbrook such debentures to be without coupons,
and to include the interest on the same at the rate of four and
one-half per centum per annum on the amount payable thereunder
in lieu of interest being payable annually in respect of each deben-
ture, and each debenture to be for such amount that the aggregate
amount payable for principal and interest in any year in respect
of the instalments of the debt shall be equal as nearly as may be
to what is payable for principal and interest during each of the
other years of the said period of twenty years.

3. For paying the sum of $2,777.30, the amount charged against
the said lands so to be benefited as aforesaid, other than lands and
roads belonging to or controlled by the municipality, and for cover-
ing interest thereon for twenty years at the rate of four and one-
half per cent, per annum, the following total special rates over and
above all other rates shall be assessed, levied and collected (in the
same manner and at the same time as other taxes are levied and
collected) upon and from the undermentioned lots and parts of
lots, and the amount of the said total special rate and interest
against each lot or part of lot respectively shall be divided into
twenty equal parts, and one such part shall be assessed, levied and
collected as aforesaid in each year for twenty years after the final
passing of this By-law during which the debentures have to run.

Concession

548

Chap. 67.

TOWNSHIP OF CAVAN.

6 Edw. VII

_( ^c; cd a;

HOOO-^OJlOW

• ■* N C0O3N H CD
OOONOOCSOON

-* N 05 r-l N 00 N 115
CO lOHHONHOO
O NNOHHHSq

co co e» oo qo co Tt< t-.

lOHCOWHNCO

i— i i— i r~ 10 co oo co

Is >-

NNHOlCOON
■ CO CO OO 00 CO lO CO

OS
CO

00 CO tJh CO O
OCONOlONN
lO Tf O N CO <N O

r~ oo co co oo rji

P iD in

° £ Si

o <d S3

H * ;>->

co co o o co Tt<

OCOCOOOOOCOIOCO
CO lO 00 <M ^ CO 00

OO CO CO o
OMNOWNN

io Tf o cm co co in
r— co co i—i oo co co

3 r3

>r3

O O O O O O O
i-i CO — lO CO CO

&>■ rH CO CO

CO O O rH O <M CO
MNNMOiOtO
(MiClIN

O OOOON^tO
00 O lO CO CO io "tf1 CO
CO O) 1IMO H N

OHMHiOMM

OiOOiOCONOO

C72

H»»

3 cs-C

* 3 fa rt • 8

t>>lO O CD

02 e

^r3

___o cd 'o

e ^ ^ 5

- B=0"2
CD CD i- ( 3

oi-p o n

3r2

O o a w ~

|?°"rd£ ol
-g-g § So*

O r3

lO m o

-M ti «
H fi (j

■sua

3 SrC

O m u

2 !>>o

t*3co
orS o

^ F> w ^

£ ?H 02 £i CO

_ CD
02 O CD
CD 4)

rH^ .g

*u CD CD

CO rH
53 CO CD J<

m 3 03

> CD » = 3 o^h
!S o 1-^3 w -e .

on p J cn

<u .g;

" CO

CD CD O
•S^S^.g-g g CD m^

t^.3 S.3,_ 03 rd XI rQ >
CN r^ P<r^ CO -tJ O |>

rdrC^

p as

o o

O CD m

— • a s

2 S

43 03

03 -rH

CB ^

i-1 CD
-gTH

C0Sr5 03rHr?i

•uoissaouoQ

CM CM CS <N CO CO CO

1906.

TOWNSHIP OF CAVAN.

Chap. 67 549'

Tf00 0)0)N00O«3N NMOiONOONSO'flOOaNlO^NOOlO <M

>S 00 CO lO 00-94 O C— 00 H00MNt0OiO!DC0iOffilNOOtDN't00il3ON CD

ocDujNaaiocoHiotonHMiaoNiooNoeioiooHoooi-ooo co

•OlOJCOiOOlOHinMNuJHNtOOliOOOCOacOtDNHOtOtDNiOKMH t>-
CC03i0^,nC0OH0)OiH't0JN01iHC0l-(Si01iOC0tDi"1,NNCDa>01

IN tJ< to CO HCOHNNXtDCDM(3i<HHH rtH CO r~ CO

OOCOCOOOT)H(OOOTl<0-ll'*OO^OOi,i<OaOOOOtl'tOOO'*000
ONMhNOOiONOCIMOiONOOCINONiOOOOINiOCONOOiO

HMHioaiNONcoocot-NNHOiOHCoiOHNonHcr^'-ioON

000iNH02HMO'*iOON't«0lONC003NNiOC0H(NlNiOON-*C0

OOCOCOOOTtHCOOO-*0^fTt>OO^OOTt>Tt<OCOOOOOTt<OCO-*iOOO

OMOHMOOiONONMOiOtlOO^t-ONiOOMNiOCONOOlO CM

HCCHlOfflOOt-COOtCNClt^HOiOrtCOlOHOlOOHNtOHIOON CO

NOlt^HOOHMO'flOOOO-tNOlOt-WOlNNiOeONNNONN'fM CO

0'*HioHto*HnHcotDOHxeocoo*ooN'*Hom(Omw*oo co

(MCOCO^t* i-H HN i-iCNJCO^tiiO-^COi— ii— I HH CO CO lO CO

<M
CO

ooooooooooooooooooooooooooooooo
ooooooooooooooooooooooooooooooo

CXIOOOCNIOOOOOOCCOOOOOOOOOOOCOOOOCOOOO
U5OaS00i9O(B^OOOn«l(l0NOOOOOC0 00»H00NN«OIX)O
t**. CO r*H CO CO T"H ' ~

ooc^?c^>c^oc_}auooc_><i}c_j^;<_j>
OOONCOOOCNOOOOOOOOOCOi-HOOCNt^COOCOO
«5l»COtONC'lcOCDOiO»'*COC-lHT(HCCHOiNO(NCO

CO I— I r-H CO I— ( i— I

HNi-lH

COOOOCOOOOOOO-*000000000000500iOCOOOO

• -g _L io » o alio MO

• <s o rt .3 "t> ^ rt G »»

■.g >,jO 4CJm«c

: g|«2|^1>>J

• ° *? C <V •*■< CD CP ~xh *ti

■*9 o h d g o o

« „, t> ~ e3 d c3 7:

.+3 60 dSl^E^ 2
•«« d £N!°3l3 JT^^l

.CO N -gt> oo-" © ^ O

•co;3 • • -!2co od«^»!

CjO« ootc CO

C0C0C0C<)C0C0C0C0C0C0C0CO0DCOCOCOCOCOCOCOCOCOCOCOCO00C^

Concession

550 Chap. 67.

TOWNSHIP OF CAVAN.

6 Edw. VII

35 !i >. £

( Tj CP CP

S3 0) o <M

c a os

tNiOMOONNlOiOCOOOOOCOlMOOOtD
(DNtOCOOOtOt-NOOiOlOOincOtCOOlOO
COtDlOHHiOCOMHNNlONOOOiOO)
NWOiO!NO'»l'l|HOOlOM»OSO)OSCOtO
■^iOnrHO)MOOCOCOCD*OiO<OcOT-ii<lM

^OtOCOTfttiOOCOOOOOtO'tOON
(N«3tNN[-NiOU3NC IZCOIWNOH
WNHMMrHNNCClOlOOlOHHOlHCO
lONHO«H00C0(NNrtlON000005C0W

8 8 E

■♦OtOSI'-fOOtOOOeOffl-fCBOtN
(MiONNNNit3mNOOOOtNNl--0-J
CONHMCOHt>N03lfllOOiOHHO>-<co
»t-HO^HOOQOtMt>HinNOOOCCOOCO

o >^
a> -"S

o +i

Tt<OOOOOOOOOOOOOOtMtMO
NNtOtNOeOOSjOffiOOOOlOHt.
HOJCCOOiOOOOO^OtDCXIO^N t-h
i-Tr-Tr-Tof r-T C<T

COOOOOOOOOOOOOOOCOCOO

C M (D cj

SP 03 03 CP 3 *"

C T3 ^ O <P o

S ? a; ft S .

» £ e -5 ai

= •5 £:3

o -3 .2

u o"S o j=

- o3 £ >>Jr

rt 2 a, Co" S

1-1 o o'l

"~ ^ 3 3-3

O - O lo o

*» o ~

13 -Jh

03 "
CP l«

°£

03 ¥

3H-

V pi

CP lO
O ,-(

_ 0) 0) ^
CjJ J O

(3 O

a> s
^2

tp o

+3 .9 CP Crrt

T)lO S -°-2
0r^ o3 Co

>>3 03 "1-5 cp

3 - Th 33

3 g cp 3 3 cp

o &g -a

ft o

CP C

Q o

cp cp o5

CM CM

CO cc

•UOISS90UOQ

TjH T^t ■■^H "rJH tJH Tt^

SCHEDULE

1906.

TOWNSHIP OF CA VAN .

Chap. 67

4. For paying the sum of $3,447.85, the amount assessed against
the said roads of the municipality, and for covering interest thereon
for twenty yeare at the rate of four and one-half per cent, per
annum, a special rate on the dollar sufficient to produce the required
yearly amount therefor over and above all other rates shall be levied and
collected ( in the same manner and at the same time as other taxes are
levied and collected) upon and from the whole rateable property in the
said Township of Cavan, in each year for twenty years after the final
passing of this By-law, during which the said debentures have to run .

5. This By-law shall be published once in every week for four consecu-
tive weeks in the Reporter Newspaper, published in the Village of Mill-
brook, in the said County of Durham, and shall come into force upon and
after the final passing thereof, and may be cited as ' ' The Long Swamp
Drainage By-law."

6. Notwithstanding anything in the said report or this By-law con-
tained, the said drainage work shall after the completion thereof be main-
tained as provided by section sixty-nine of The Municipal Drainage Act
and amending Acts.

This By-law is hereby amended in pursuance of amending By-law No •
473 passed the 28th day of March, 1905.
And this By-law is finally passed this 28th day of March, A.D. 1905.

Chas. McNeil,

Reeve.

John J. Fair,

Clerk of the Township of Cavan.

(Seal, Corporation of Cavan).

CHAPTER

Cliap. 68. NORTH CROSBY AND WESTPORT. 6 Ed\V. VII.

CHAPTER 68.

An Act respecting" the Township of North Crosby
and the Village of Westport.

HEREAS the Municipal Corporations of the Town-

f t ship of North Crosby and of the Village of West-
port have by joint petition set forth, that certain deben-
tures issued by the Township of North Crosby, on or
about the First day of December, A.D. 1885, for $11,000
by way of aid or bonus to The Brockville, Westport and
Sault Ste. Marie Railway became due on the first day
of December, A.D. 1905, and that the sinking fund of
the said Township of North Crosby in connection with
the said debentures was insufficient for payment of the
same to the extent of the sum of $2,671; and whereas
it has also been made to appear that the said deficiency
was caused in part by a reduction in the rate of interest
allowed on said sinking fund and by the failure to levy
certain instalments, owing to the financial embarass-
ment of the road and the uncertainty as to its construc-
tion; and whereas it has been made to appear that on or
about the 17th day of June, A.D. 1903, the United
Counties of Leeds and Grenville passed a by-law incor-
porating the Village of Westport, which previous
thereto was a portion of the said Township of North
Crosby; and whereas a by-law was passed by the Town-
ship of North Crosby, being By-law No. 413, providing
for the share or proportion of the existing indebtedness
which should be assumed by each of said municipalities,
after the incorporation of the said Village of Westport;
and whereas for the purpose of satisfying the said deben-
tures and the expenses of a special Act of this Legisla-
ture the sum of $2,900 at least would be required;
and whereas, pursuant to the said by-law the proportion
of the said $2,900 required to pay such deficiency and
expenses which should be assumed by the said Township
of North Crosby is $2,138.93 and the proportion of the

Assented to 27th April, 1906.

said

1906.

NORTH CROSBY AND WESTPORT.

Chap. 68

553 t

said indebtedness which should be assumed by the said
Village of Westport is $761.07; and whereas no opposi-
tion has been made to the said petition; and whereas it is
expedient to grant prayer of the said petition;

Therefore His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows : —

1. The said Corporation of the Township of North

for the time being, for sums not less than $ 100 each and
not exceeding in all $2,138.93 in the whole, as the coun-
cil may direct, and the principal of said debentures and
the interest accruing thereon may be made payable
either in Canada or elsewhere and either in sterling
money of Great Britain or in lawful money of Canada as
the council may direct.

2. The said Corporation of the Village of "Westport v*"^ of
may issue debentures under the corporate seal and signed authorized to
by the reeve and countersigned by the treasurer for the tuies iorfttsi.<
time being, for sums not less than $100 each and not
exceeding in all $761.07 in the whole as the council may

direct and the principal of said debentures and the inter-
est accruing thereon may be made payable either in
Canada or elsewhere and either in sterling money of Great
Britain or in lawful money of Canada as the said council
may direct.

3. The said debentures issued by each of the said muni- Debentures^
cipalities shall be payable within five years from the date
thereof and the principal shall be payable in instalments

as directed by the said council; such instalments to be
of such amounts that the aggregate amount payable for
principal and interest in any year shall be equal as near
as may be to what is payable for principal and interest
during each of the other years. The interest thereon
shall be payable half-yearly at a rate not exceeding five
per cent, per annum and coupons shall be attached for
the payment of interest.

4. It shall not be necessary to obtain the assent of the Assent of

• > ■••• * electors not

electors of either of the said municipalities to the issue of required,
said debentures or either of them or to the passage of any
by-law relating thereto or to observe the formalities in
relation thereto prescribed by The Consolidated Munici-
pal Act, 1903.

5. No irregularity either in the form of the said deben- irregularity
ture or of any by-law authorizing the issue thereof shall invalidate.

render

554

Chap. 68. NORTH CROSBY AND WESTPORT. 6 EDW. VII.

render the same invalid or illegal or be allowed as a
defence to any action brought against the Corporation for
the recovery of the amount of said debentures and interest
or any or either of them or any part thereof.

paymento? for ^. T^e sa^ Corporations shall respectively during the
debentures. currency of the said debentures levy in addition to all
other rates to be levied in each year a special rate suffi-
cient to pay the amount falling due annually for prin-
cipal and interest in respect of said debentures authorized
to be issued by each of the said municipalities under this
Act and no sinking fund need be provided for.

proceeds'of1 °£ ^- sa*^ Corporations may raise money by the sale

debentures. or hypothecation of the said debentures as they may deem
expedient and all moneys to be derived from such sale or
hypothecation shall be applied for the payment of such
deficiency and expenses and to and for no other purposes.

CHAPTER

1906.

TOWNSHIP OF EASTNOR.

Chap. 69 555

CHAPTER 69.

An Act respecting the Township of Eastnor.

Assented to 27th April, 1906.

WHEREAS the Corporation of the Township of East-
nor, in the County of Bruce, has, by its petition,
represented that on the 2nd day of May, 1903, the Munici-
pal Council of said township duly passed a By-law No. 591,
providing for the construction of certain drainage work
therein specified and known as the "Swan Lake Drainage
Scheme," and for the issue of debentures to defray the cost
thereof, but that through delay or other causes debentures
were not issued, and the time allowed by law for such pur-
pose has expired ; that said Council, on the 21st day of
March, 1906, duly passed a By-law No. 754 to authorize
the issue of debentures for the sum of f 1,400 now required
to pay the cost of such work ; and whereas it is further re-
presented by said petition that the said Council on the 11th
day of October, 1902, duly passed a By-law No. 588, pro-
viding for the construction of certain drainage works known
as the "Fern Creek Drainage Scheme," but from the pre-
liminary estimate of the cost of said work it was intended
by said Council at the time of passing said by-law that the
said work should be paid for during the then present year,
and no provision was made therein for the issue of deben-
tures in respect of said work, and certain annual levies or
assessments have been paid in by the ratepayers concerned
and applied on account of the cost thereof, that the balance
or amount due in respect of said work is the sum of $1,200,
and on the 21st day of March, 1906, the said Council passed
By-law No. 755 authorizing the issue of debentures for said
sum ; and whereas it is further represented by said petition
that on the 16th. day of March, 1901, the said Council passed
a By-law No. 551 providing for the construction of certain
drainage work therein specified known as the "Judge's
Creek Drainage Scheme," and certain debentures have been
issued and sold thereunder to defray the cost thereof as
originally estimated, that on the 21st day of March, 1906,
the said Council passed a By-law No. 756 authorizing the
issue of debentures to the amount of $2,800, which sum is

now

556

Chap. 69.

TOWNSHIP OF EASTNOR.

6 EDW. VII

now required to redeem loans and advances made in respect
of said work over and above the original estimate, and also
to complete a branch, drain included in the scheme which
has not yet been constructed; and whereas it is further re-
presented by said petition that the said Council on the 5th
day of June, 1905, duly passed a By-law No. 699 providing
for the issue of debentures to defray the cost of constructing
certain granolithic sidewalks in the unincorporated Vil-
lage of Lion's Head in said Township and the assessments
and levies thereunder for the year 1905 have been paid in
and applied in reduction of the cost of said work, but the
said debentures have not yet been issued; that in order to
correct certain clerical errors in said By-law No. 699 and
the local assessments so as to provide for the final cost of
said sidewalks as then ascertained the said Council on the
21st day of March, 1906. duly passed a By-law No. 753
authorizing the issue of debentures to the amount of
$1,500 to defray the cost of said work after deducting and
allowing the sums so collected and applied on account
thereof; and whereas it is further represented by said peti-
tion that all the said works which have been completed
under the authority of the said recited by-laws have been
paid for by moneys advanced to the said Corporation by
the Union Bank of Canada, and out of the general funds
of the said Corporation, from time to time, and it is desir-
able that such advances which are still outstanding should
now be repaid, that the said Corporation has been negotiat-
ing for the sale of debentures to be issued under said by-
laws in order to repay the said advances and complete the
said works, that doubts have arisen as to the validity of
the said by-laws, and as to the power of the said Corpora-
tion in respect thereof ; and whereas the said Corporation
has prayed that the said by-laws should be confirmed and
the said Corporation empowered to issue debentures there-
under; and whereas no opposition has been made to the
said petition; and whereas it is expedient to grant the
prayer of the said petition;

Therefore His Majesty,- by and with the advice and con-
sent of the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1. By-laws Nos. 753, 754, 755 and 756 of the Corporation
of the Township of Eastnor as set forth in Schedules "A,"
"B," "C" and "D" to this Act are confirmed and declared
to be legal, valid and binding upon the said Corporation
and the ratepayers thereof affected by the said by-laws
respectively, notwithstanding any defect in substance or
form of the said by-laws or any of them, or in the author-
ity of the Municipal Council of said Township to pass the
same, or in the manner of passing the same, or otherwise,
and the said Corporation is authorized and empowered to

issue

By-laws
Nos. 753, 754,
755 and 756
of township
of Eastnor
confirmed .

1906. TOWNSHIP OF eastnor. Chap. 69 557

issue debentures as provided by the said by-laws respec-
tively, and the debentures so to be issued under the said
by-laws are declared to be valid and binding upon the
said Corporation notwithstanding any irregularity in the
issue or form thereof, and the said Corporation is author-
ized and empowered to do all acts and things necessary for
the full and proper carrying out of the said by-laws and
the issue and sale of debentures thereunder.

2. All assessments and levies which have been made Assessments
under By-laws 551, 588, 591 and 699 of the said Corpora- confirmed.aws
tion hereinbefore referred to or which may be made under

said By-laws 753, 754, 755 and 756 are ratified and con-
firmed, and the said Council is empowered to enforce pay-
ment of any arrears thereof in the same manner as arrears
of taxes.

3. It shall not be necessary to register any of said by-laws Registration of
or to give public notice of the passing thereof, or to comply requisite110*
with anv formality other than is required by this Act.

4. Debentures to be issued under said By-laws Nos. 753, Time for issue
754, 755 and 756 shall be issued wthin one year from the of debentures-
pap^ng of this Act.

5. Nothing in this Act contained shall prejudice or Act not to
affect any right of action for damages which one William acwon^wfi-
Graham may have against the said corporation by reason liam Graham-
of the neglect or failure of the said corporation to construct

any of the works provided for by the said By-law No.
551.

SCHEDULE "A."
By-law No. 753.

A By-law of the Municipal Corporation of the Township of Eastnor,
in the County of Bruce, to provide money by the issue of deben-
tures for the construction of permanent sidewalks on certain
portions of the streets in the Village of Lion's Head in the said
township.

Whereas petitions were received by the council of the said town-
ship praying for the construction of granolithic sidewalks on Main
Street in the said Village of Lion's Head, from Everatt Street south
on the west side of Main Street to lot 19, T.S.D., of lot 26, con-
cession 5E, a distance of 1412 feet in all, including street crossings,
and from Scott Street south on the east side of Main Street to
Moore Street, a distance in all, including street crossings, of 1366
feet, also certain street crossings as follows :

First : A crossing from the east side of Main Street to the west
side, to be in a line with the sidewalk on the south side of Webster
Street.

Second : Also a crossing from the east side of said Main Street to
the west side of said street, and to be in a line opposite lot 17 on
the east side of Main Street, a width of three feet.

Third

558

Chap. 69.

TOWNSHIP OF EASTNOR.

6 Edw. YII

Third : Also a crossing from the north side of Webster Street East

to the south side of said street-
Fourth. Also a crossing from the north side of Webster Street

West to the south side of said street.

Fifth: Also a crossing from lot 7 south to lot 6, M.S.D., lot 27,

concession 5E.

Sixth : Also a crossing from the north side of Mill Street to the
south side of said Mill Street, all crossings east and west to be three
feet wide, and to be so constructed as to pipes for the escape of
water, and to be built on each side of said Main street in a line with
the main sidewalk, and to be so built or constructed as to offer the
least resistance to wheeled traffic, such respective petitions being
signed by at least two-thirds in number of the owners of the real
property to be benefited thereby, respectively, according to the last
revised assessment roll of the municipality, such owners repre-
senting in each case at least one-half in value of such real property
the number of such owners and the value of such real property
as appeared by the last revised assessment roll of the municipality,
having been first ascertained and finally determined in the manner
and by the means provided by a by-law in that behalf), and there-
upon the municipal council of the said township did, in the case of
each proposed work, decide in favor of the construction thereof;

And whereas such several sidewalks and crossings were duly con-
structed under the supervision of a committee appointed by the
council for that purpose, and temporary advances were obtained to
meet the costs thereof, and such committee has made a report there-
on showing that the said respective works have been fully completed,
and showing the cost of the said works, and making an assessment
thereof upon the properties benefited by the respective works ;

And whereas on the 5th day of June, 1905, the municipal council
of said township duly passed a By-law No. 699 to authorize the issue
of debentures to defray the cost of the said sidewalks and crossings,
and to repay the advances made in respect thereof, but the said
debentures have not yet been issued, and it has been discovered
according to the final estimate of cost now ascertained by said coun-
cil errors were made in said By-law No. 699 in respect of the pro-
portion of said cost to be payable by the municipality and the pro-
perty owners benefited, respectively, and the term and manner of
payment of the said debentures, and it is desirable to amend the
said by-law in the manner hereinafter provided ;

And whereas under the authority of said by-law the assessment
and levy therein provided, payable for the year 1905 to the amount
of $176.27, has been collected and applied in reduction of the cost
of said sidewalks, and of the special loan or advance made for such
purpose, the same having been raised pro tanto upon all rateable
property in said township, and by special frontage rate upon the
properties benefited;

And whereas the value of the whole real property on the west side
of Main Street, rateable in respect of the sidewalk on that side of
the said street, and of the proportion of the cost of crossings, is
$11,600, and the cost of such sidewalk and crossings as so reduced is
$762.42, and the township's share thereof is $347.73, and the pro-
perty owners' share thereof is $414.69, and the value of the whole
real property on the east side of Main Street, rateable in respect
of the sidewalk on that side of the said street, and of the propor-
tion of the cost of crossings, is $7,500, and the cost of such sidewalk
and crossings as so reduced is $737.58, and the township's share
thereof is $352.70, and the property owners' share thereof is $384.88;

And whereas the frontage of the real property benefited on the
west side of Main Street, including the said street crossings, is 1280
feet, and the frontage chargeable thereon to the said corporation
js 132 feet, and the cost per foot frontage chargeable against the
real property benefited is 34 \ cents, and the rate per foot .frontage
to be levied in each year for the period of ten years on such real
property is 4.325 cents, all as ascertained and determined by the re-
port

1906

TOWNSHIP OF EASTNOR.

Chap. 69

port of the said committee and by the Court of Revision, and set
out in the first schedule hereto ;

And whereas the frontage of the real property benefited on the
east side of Main Street, including street crossings, is 1366 feet, and
the cost per foot frontage chargeable against the real property bene-
fited is 34J cents, and the rate per foot frontage to be levied in
each year for the period of ten years on such real property is 4.325
cents, all as ascertained and determined by the report of the said
committee and by the Court of Revision, and set out in the second
schedule hereto ;

And whereas the sum of $1,500, being the total cost of the said
works less the amount levied and applied thereon for the year 1905
under By-law No. 699 of the said corporation, is the amount of the
debt to be created by this by-law, and for the purpose of repaying
such temporary advances it is expedient to raise the said sum of
$1,500 by debentures of the said township, the principal to be pay-
able in ten annual instalments with interest at the rate of four and
a half per cent, per annum ;

And whereas the probable life of the said sidewalks and crossings
as certified to said council when constructed is twelve years, for
which term ten years now remain.

And whereas it will require the sum of $189.57 to be raised an-
nually for a period of ten years to pay the said debentures and
interest, of which the sum of $88.52 is in respect of the share of the
said township, and the sum of $101.05 in respect of the share to be
borne by the property benefited ;

And whereas the sum of $799.57, part of the said debt, is created
on the security of the special rates settled by this by-law, and is
further guaranteed by the municipality at large;

And whereas the whole rateable property of the said municipality
according to the last revised assessment roll is the sum of $400,-
000.00, and the amount of the existing debenture debt of the said
municipality, exclusive of local improvement debts secured by
special Acts, rates or assessments, is the sum of $1,000 only, of
which no part of the principal or interest thereon is in arrear;

Therefore the corporation of the Township of Eastnor enacts as
follows :

1. It shall and may be lawful for the reeve and treasurer of the
said Township of Eastnor to borrow on the credit of the corporation
of the said township the said sum of $1,500, being the amount now
necessary to pay for constructing the said sidewalks and crossings,
and to issue debentures of the said corporation for that amount.

2. That such debentures shall be paid in ten equal annual instal-
ments of $189.57, each to cover a portion of the debt and interest at
the rate of four and a half per cent, per annum so that the aggre-
gate amount for principal and interest in any year shall be equal
to what is payable for principal and interest in any of the other
years during the said period, and such debentures shall be payable
at the Union Bank in the Town of Wiarton, on the 31st day of De-
cember in each year for ten years, commencing with the 31st day
of December, 1906, the last of such debentures maturing on the
31st day of December, 1915.

3. For the purpose of paying the sum of $700.43 charged and
assessed against the Township of Eastnor, and to cover interest
thereon for ten years at the rate of four and a half per cent, per
annum, there shall be assessed, levied and collected in the same
manner, at the same time, and along with the other township rates
and taxes in each year for ten years, commencing with the year 1906,
over and above all other rates, the sum of $88.52 by a sneoinl rate
on the dollar upon and from the whole rateable property in the said
township.

4. For the purpose of paying the said sum of $799.57, being the
amount charged and assessed against the real property benefited,
and to cover interest thereon for ten years at the rate of four and

560

Chap. 69.

TOWNSHIP OF EASTNOR.

6 Edw. VII

a half per cent, per annum, before mentioned, there shall be as-
sessed, levied and collected in the same way, and at the same time,
and along with the other township rates and taxes each year for ten
years, commencing with the year 1906, over and above all other rates
levied and collected yearly upon the real property fronting or abut-
ting on the said portions of the east and west sides of Main Street,
hereinbefore mentioned, a special rate per foot frontage of 4.325
cents, a schedule of which special rate is attached to this by-law, and
shall be read as forming part thereof. The said debt of $799.57, and
the portion of said debentures issued in respect thereof, are further
guaranteed by the corporation of the Township of Eastnor at large.

5. That the proceeds of the debentures for the said sum of $1,500
shall be expended in paying and discharging the temporary loan
or debt incurred in and for the construction of the said sidewalks
and crossings, and in no. other way, and for no other purpose what-
ever.

6. That the owners of the real property so benefited as aforesaid
shall be allowed to commute the statute labor charged to the lot
or lots owned by them, at the usual rate in this township, i.e.,
at $1 per day of 8 hours, which shall be applied to the payment of
the frontage rate for said sidewalks in each and every year, until
said sidewalks and all expenses in connection therewith have been
fully paid. Any excess of statute labor that may be charged
against any lot or lots, over the amount of the said frontage rate,
shall be performed in the road division in which said lot or lots are
situated under the instructions of the pathmasters of said division.

7. If at any time the owners of the said real property benefited,
or of any part thereof, shall desire to commute the assessment im-
posed by the said by-law by the payment of his, her or their pro-
portionate share or shares of the cost of the said improvements as
a principal sum in lieu thereof, he, she or they may so commute for
the payment of a sum which, invested at three per cent, compound
interest, shall equal the amount of his, her or their proportionate
share of said debt and be sufficient to discharge the proportionate
amount of said debentures and interest as the same become pay-
able.

8. All moneys received in commutation under this by-law shall be
invested in the manner provided for by the municipal Acts which
may, from time to time, be in force with relation to the investment
of sinking funds for the payment of debentures.

9. That all by-laws inconsistent herewith be and the same are
hereby repealed.

Passed this twenty-first day of March, A.D. 1906.

(Sgd.) W. B. Moshier,

Reeve.

(Seal.)

(Sgd.) W. H. Miers,

Township Clerk.

Schedule referred to in forming part of By-law No. 753 of the

Township of

Eastnor,

PASSED 21ST

March

, 1906.

Feet
Frontag<

Share An. rate

Name.

Lot.

Sub-Div.

cost at
J 34J-C.

4.325
cts.

D. R. Mclver

S.S.D.

$11 96

$1 51

D. R. Mclver

11 96

1 51

C. W. Erb

. 2 &

23 92

3 02

J. Tackaberry

25 64

3 24

Pt.

5 E

191

66 32

8 26

M.S.D.

22 56

2 85

T. A. Bruin

22 56

2 85

. 10

22 56

2 85

8 &

132

45 14

5 70

W. B. Moshier

6 &

132

45 14

5 70

J. G. M. Sloanc

4 &

132

45 14

5 70

Name.

1906.

TOWNSHIP OF EASTNOR.

Chap. 69

Feet
Fr' ntage

An. rate

N'ume.

Lot-

Sub-Div.

cost at
34Jc.

4.325
cts.

/"IT — I),,.]..,,-, ll

Q
O

fifi

22 56

2 85

£t

22 56

2 85

Trustees Meth. par. ...

1
1

28 03

3 54

Trustees Meth. Church

Pt 9fi

22 56

2 85

T TT ff\m .1.1!

won
W .ij.U

fifi

22 56

2 85

XT 1 \ , , 1

o
L

fifi

22 56

2 85

"Pf q

11 28

1 42

C li ji s . Williams, jr. ...

Pt 3 A- 4

22 56

2 85

Pt 4

11 28

1 43

t c

22 56

2 85

fifi
oo

22 56

2 85

fiQi

23 75

3 00

11" 1

Pt Q

rt. o

341

11 7Q

i «;n

J. ou

Pt ft Xr 1 9

39 14

4 Ofi

Pt Q

11 28

1 43

Pt Q

1 1

11 28

1 42

M. J. Norris

22 56

2 8.1

1 1

22 56

2 85

T J Bridge

1 1

22 56

2 85

Trustees Chr. Ch

22 56

2 85

S. J. McLeod

22 56

2 85

Wm, Butchart

22 56

2 85

Tp Ea st nor

13 & crossings "

442

700 43

88 52

2,778 $1,500 00

SCHEDULE "B."
By-law No. 754.

A By-law to authorize the Corporation of the Township of Eastnor
to issue debentures for the sum of $1,400 to defray the cost now
outstanding of the work known as the "Swan Lake Drainage
Scheme."

Whereas on the 2nd day of May, A.D. 1903, the municipal coun-
cil of the Township of Eastnor duly passed their .By-law No. 591 to
provide for certain drainage work therein described and known as
the "Swan Lake Drainage Scheme," and also to borrow on the
credit of the said municipality the sum as therein estimated which
was required to complete the said work ;

And whereas the said by-law was passed under the provisions of
The Ontario Drainage Act, the requirements of which Act, with
respect to said work, were duly complied with;

And whereas owing to delay in proceeding with said work, and
other causes, debentures have never been issued as authorized by
said by-law, and the time limited by law for the issue of the same
by said council has now expired;

And whereas during the progress of said work advances have, from
time to time, been made to pay for the same by the bank, and out
of the general funds of the municipality, and the work so far as
completed has thus been paid for;

And whereas the annual levy or assessment upon the lands bene-
fited by said scheme as authorized by said By-law No. 591 have been
collected and applied towards the reduction of said cost ;

And whereas a portion of said scheme remains yet to be completed,
and, in order to complete the same and to repay the said loans and
advances, it will be necessary for the said municipality to raise the
sum of $1,400 upon the credit of the debentures thereof to be issued
as hereinafter provided;

And whereas in order to provide for the annual levy required to
pay the said sum it is desirable and expedient to charge the lands
and roads in said scheme on the plan and in the same proportion
as set out in said By-law No. 691;

36 S. And

562

Chap. 69.

TOWNSHIP OF EASTNOR.

6 EDW. VII

And whereas the said By-law No. 591 does not provide sufficient
funds to complete the said drainage scheme work, nor does it pro-
vide sufficient funds for the redemption of the debentures author-
ized to be issued thereunder as they become payable, and it is,
therefore, necessary and desirable that the said by-law should, under
the provisions of The Ontario Drainage Act, be amended in order to
fully carry out the intention of the said by-law;

Therefore the municipal council of the corporation of the Town-
ship of Eastnor enacts as f ollows :

1. The reeve of the said township is hereby authorized to borrow
on the credit of the corporation of the Township of Eastnor the sum
of fourteen hundred dollars, being the funds necessary for the com-
pletion of the said work as originally set out, and to repay the loans
and advances already made in respect of the same and now out-
standing, and may issue debentures of the said corporation to that
amount in sums of not less than $50 each, and payable within ten
years from the date thereof with interest at the rate of four and a
half per cent, per annum payable annually during the currency of
said debentures, and such instalments of the debt and the interest
thereon shall be payable at the Union Bank of Canada at the Town
of Wiarton, on the 31st day of December in each year, commencing
with the 31st day of December, 1906, and such debentures shall have
attached to them coupons for the payment of such interest.

2. The said debentures and the interest coupons attached thereto
shall be signed by the reeve and treasurer of said corporation, and
the corporate seal thereof shall be attached to each of said deben-
tures.

3. The said sum of $1,400, when so borrowed, shall be used in pay-
ing off the loans and advances made on account of said drainage
work and now outstanding, and in completing the said work as set
out in said By-law No. 591, and the necessary expenses connected
with the preparation of this by-law, and the confirmation thereof,*
and the debentures to be so issued, and for no other purpose.

4. The lands and roads set out in said By-law No. 591 shall be
charged with the liability hereby incurred upon the same plan and
in the same proportion as was provided in said by-law.

5. For paying the sum of $1,184.27, part of the said sum of $1,400
being the amount charged against the said lands for benefit and
outlet liability apart from the roads, and the sum of $215.73, part
of the said sum of $1,400 being charged against said lands and
roads belonging to the said municipality, and for covering the inter-
est thereon for ten years at the rate of four and a half per cent, per
annum the following total special rates over and above all other
rates shall be assessed, levied and collected in the same manner and
at the same time as other taxes are levied and collected, upon and
from the after mentioned lots and parts of lots and roads, and the
amount of the said total special rates and interest against each lot
or part of lot, respectively, shall be divided into ten equal parts, and
one such part shall be assessed, levied and collected as aforesaid in
each year for ten years after the final passing of this by-law, during
which the said debentures have to run, and commencing with the
year 1906.

Value Value of

To cover

An Ass't

Lot.

Con.

Acres.

of outlet

int. 10 yrs

ioi. spec i

for

benefit, liability.

at 4£%.

rate

10 yrs.

3 E

$86 80

$21 48

$108

$10 83

3 E

88 20

21 83

110

11 00

4 E

28 00

6 93

3 49

4 E

1 40

5 E

4 20

1 04

Swan

Lake

401

561 40

138 94

700

70 03

Tp. Eastnor rd

s. 70

98 00

24 26

122

12 26

1 W

13 09

3 24

1 63

1 W

4 36

1 08

1 W

2 18

36a s.

1906.

TOWNSHIP OF EASTNOR.

Chap. 69

Value Value of To cover Total AnABs't

I nf

Con.

Acres

ontlpt

int. 10 yrs.

special

for

Kpnpfit,

liability.

at 4£ % .

rate.

10 yre.

Q 7Q

o /o

/ ID

in ftQ
±u oy

1 HQ

1 fi oq

iu yu

0 7fl
/ ( U

la DU

1 OD

o4 oo

fi P.O.
o Do

AQ ^1
4o Ol

*k OO

4U 00

i n A/i

*;n fin

OU DU

o uo

O A

qa
6\)

1/ Ul

4 /I

91 90

9 19

1UU

4o OU

i a 70

KA QQ

04 oy

K AA

l aa
1UU

4o OU

1 A 7Q
IU IV

04 oy

X* AA

Oct

1 AA

4o OU

1 A 7Q

JLU < y

qq
04 oy

1 AA
1UU

4o OU

1 A 7Q

iu / y

QQ
04 oy

K A A

O A

1 AA
1UU

4o OU

1 A 7Q
ID IV

KA QQ

04 oy

K AA

10 90

2 69

13 59

1 36

I J

1 32

1 65

26 17

6 48

32 65

3 26

10 90

2 70

13 60

1 36

10 90

2 70

13 60

1 36

4 37

1 08

5 45

Tp. Eastnor

s. 270

117 73

29 14

146 87

14 69

1,840

$868 00

$532 00

$346 50 $1,746 50

$174 65

6. For paying the said sum of $215.73, the amount assessed against
the roads of the said municipality, and for covering the interest
thereon for ten years at the rate of four and a half per cent, per
annum a special rate on the dollar sufficient to produce the required
yearly amount thereof shall be raised over and above all other rates
to be levied and collected upon and from the whole rateable property
in the said Township of Eastnor in each year for ten years after the
final passing of this by-law during which the said debentures have
to run, and commencing with the year 1906.

7. The assessments and levies in this by-law directed to be made
shall be taken in substitution of the provisions of By-law No. 591 of
the corporation of the said Township of Eastnor in respect thereof
and said by-law is hereby amended in accordance with the provi-
sions hereinbefore set oat.

Dated and passed in open council at Lion's Head this 21st day of
March, 1906.

(Sgd.) W. B. Moshier,

Reeve.

(Seal.)

(Sgd.) J. H. Miers,

Clerk.

SCHEDULE "C."
By-law No. 755.

A By-law to authorize the Corporation of the Township of Eastnor
to issue debentures for the sum of $1,200 to defray the cost now
outstanding, and to repay loans and advances in respect of cer-
tain work known as the "Fern Creek Drainage Scheme."
Whereas on the eleventh day of October, A.D. 1902, the municipal
council of the Township of Eastnor duly passed their By-law No.
688, to provide for, certain drainage work therein described and
known as the "Fern Creek Drainage Scheme;"

And whereas the said by-law was passed under the provisions of
The Ontario Drainage Act, the requirements of said Act with re-
spect to said work being duly complied with;

And whereas at the time of passing the said by-law the said coun-
cil were of opinion, from the estimates furnished to them and the
character of the work, that the same should be paid for by the par-
ties concerned during the then current year, and the said by-law
contained a provision to that effect;

And

564

Chap. 69.

TOWNSHIP OP EASTKOK.

(j Edw. VII

And whereas as the said work proceeded as amended and extended
by said council on the report of their engineer, it was found im-
practicable to carry out the said original intention, but, instead
thereof, assessments have been collected yearly and applied in re-
duction of the cost of said work ;

And whereas the said work has proceeded from time to time since
the passing of said by-law, and during such progress the same has
been paid for from advances made for such purpose by the bank,
and out of the general funds of the municipality, and it has been
finally ascertained by the said council that the balance or amount
of said cost now outstanding, after deducting all assessments and
payments which have been collected and made on account of said
work, amounts to the sum of $1,200;

And whereas it is necessary that the said sum should be paid,
and, in order thereto, that the said sum of $1,200 should be borrowed
on the credit of the said municipality, and that debentures should
be issued therefor as hereinafter provided;

And whereas in order to provide the annual sum required to pay
said debentures as they mature and the interest on the sum so bor-
rowed a special rate will be required as hereinafter mentioned;

Therefore the municipal council of the corporation of the Town-
ship of Eastnor enacts as follows :

1. The reeve of the said Township of Eastnor is hereby authorized
to borrow on the credit of the corporation of said township the sum
of twelve hundred dollars, being the funds necessary to pay for the
said work known as the "Fern Creek Drainage Scheme," and to>
repay the loans and advances already made in respect of the same,
and now outstanding, and may issue debentures of the said corpora-
tion to that amount in sums of not less than $50 each, and payable
within five years from the date thereof, with interest at the rate of
four and a half per cent, per annum, payable annually during the
currency of said debentures, and such instalment of the debt and
the interest thereon shall be payable at the Union Bank of Canada
at the Town of Wiarton, on the 31st day of December in each year,
commencing with the 31st day of December, 1906, and such deben-
tures shall have attached to them coupons for the payment of such
interest.

3. The said sum of $1,200, when so borrowed, shall be used in pay-
ing off the loans and advances made on account of said drainage
work, and now outstanding, and in completing the same as author-
ized by any by-law of said corporation previously passed, and the
necessary expenses connected with the preparation of this by-iaw,
and the confirmation thereof, and the debentures to be so issued,
and for no other purpose.

4. For paying the sum of $992.08, part of the said sum of $1,200,
being the amount charged against the lands charged in said scheme
for benefit and outlet liability apart from roads, and the sum of
$207.92, part of the said sum of $1,200, being the amount charged
against said lands and roads belonging to the said municipality,
and for covering the interest thereon for five years at the rate of
four and a half per centum per annum the following total special
rates over and above all other rates shall be assessed, levied and col-
lected in the same manner and at the same time as other taxes are
levied and collected upon and from the after mentioned lots and
parts of lots and roads, and the amount of the said total special rates
and interest against each lot, or part of lot, respectively, shall be
divided into five equal parts, and one such part shall be assessed,
levied and collected as. aforesaid in each year for five years after the
final passing of this by-law, during which the said debentures have
to run, and commencing with the year 1906.

Lot

1906.

TOWNSHIP OP EASTNOR.

Chap. 69

Asse't

To cover int.

Total

An.

Lot

Con.

Acres.

5 years at

special

assessm't

prin.

rate.

5 years.

$20 25

$2 73

$22 98

$4 59

100

40 45

45 91

9 18

100

40 45

45 91

9 18

100

40 45

45 91

9 18

100

40 45

45 91

9 18

28 35

32 19

6 44

100

40 45

45 91

9 18

100

40 45

45 91

9 18

100

40 45

5 46

45 91

9 18

26 .

38 45

43 64

8 73

36 21

4 89

41 10

8 22

100

40 45

5 46

45 91

9 18

23 .

28 35

3 84

32 19

6 44

20 25

' 22 98

4 59

22 19

25 19

5 04

8 10

9 19

1 84

4 00

4 54

27 .

8 10

9 19

1 84

26 .

32 40

36 77

7 35

40 05

45 46

9 09

24 .

100

40 45

cr
O

45 91

9 18

100

40 45

45 91

9 18

22 .

100

40 45

45 91

9 18

21 .

39 23

44 53

8 90

18 22

20 68

4 13

4 00

4 54

SWC28

2 03

2 30

4cE

12 07

13 70

2 74

E* 26....

19 24

21 84-

4 37

26...

19 24

21 84

4 37

36 21

41 10

8 22

24 .

30 36

34 46

6 93

34 42

39 07

7 81

10 12

11 49

2 30

4 02

4 56

Pt. 27 ...

4 00

4 54

a no

4 Uz

4 OO

8 10

. 1

9 19

1 84

Pt. 24 ...

12 15

13 78

2 75

W. pt. 23

3 00

3 40

Tp. Eastnor

rds.

514

207 92

235 99

47 20

3,021

$1,200 00

$162 00 $1,362 00

$272 40

5. For paying the said sum of $207.92, the amount assessed
against the roads of the said municipality, and for covering the
interest thereon for five years at the rate of four and a half per
cent, per annum a special rate on the dollar sufficient to produce
the required yearly amount thereof shall be raised over and above
all other rates to be levied and collected upon and from the whole
rateable property in the said Township of Eastnor in each year for
five years after the final passing of this by-law, during" which
the said debentures have to run, and commencing with the vear
1906.

6. The assessments and levies in this by-law directed to be made
shall be taken in substitution of the provisions of said By-law No.
588 of the corporation of the said Township of Eastnor in respect
thereof, and said by-law is hereby amendpd in accordance with the
provisions hereinbefore set out, and in pursuance of The Ontario
Drnivnap Art.

Dated and passed in open council at Lion's H^ad this 21st dav of
March. A D. 1906. (Sgd.) W. B. Moshifh.

(Seal.) Reeve.

(Sgd.) J. H. Miers.

Cleric.

SCHEDULE

566

Chap. 69.

TOWNSHIP OF EASTNOR. 6 EDW. VII

SCHEDULE "D."
By-law No. 756.

A By-law to authorize the Corporation of the Township of Eastnor to
issue debentures for the sum of $2,800 to defray the cost now
outstanding, to repay loans and advances in respect of certain
work known as the "Judge's Creek Drainage Scheme," and to
complete the same.

Whereas on the 16th day of March, A.D. 1901, the municipal coun-
cil of the Township of Eastnor duly passed their By-law No. 551, to
provide for certain drainage work therein described and known as
the ' Judge's Creek Drainage Scheme," and to issue debentures
therefor ;

And whereas the said by-law was passed under the provisions of
The Ontcyrio Drainage Act, the requirements of which Act, with re-
gard to said work, were duly complied with;

And whereas the said work was proceeded with and certain deben-
tures have been issued and sold to pay for the work so constructed;

And whereas on the report of their engineer the said council de-
ferred the construction of a branch drain included in said scheme
from lot 10 to lot 5 in the 3rd concession of the said township, and
the same has not yet been constructed;

And whereas the said By-law No. 551 did not provide sufficient
funds to complete the said drainage work as contemplated by said
scheme, and the proceeds of said debentures so sold and issued were
not sufficient to pay for the same, and the said work has proceeded
and, over and above the proceeds of said debentures (which were
applied in payment of said work, and not otherwise), the additional
work has been paid for out of the moneys advanced for the purpose
by the bank, and out of the general funds of the municipality, from
time to time;

And whereas it has been finally ascertained by said council that
in order to complete the said branch drain so deferred, and which
it is the intention of said council to now construct and complete,
and to repay such loans and advances and interest thereon, and the
expenses connected with the preparation of this by-law, and the
confirmation thereof, and the debentures to be issued hereunder, it
will require the sum of $2,800 to be raised and borrowed ;

And whereas in order to obtain the said sum it will be necessary
to borrow the same upon the credit of the said municipality, and
to issue the debentures of the said corporation therefor as herein-
after provided ;

And whereas in order to provide the annual sum required to pay
said debentures as they mature, and the interest on the sum so bor-
rowed a special rate will be required as hereinafter mentioned ;

Therefore the municipal council of the corporation of the Town-
ship of Eastnor enacts as follows :

1. The reeve of the said Township of Eastnor is hereby authorized
to borrow on the credit of the corporation of said township the sum
of two thousand eight hundred dollars, being the funds necessary
to construct and complete the said branch drain through lots 10
to 5 in the 3rd concession of said township as laid down in the ori-
ginal plan and specifications for said scheme in said By-law No.
551, referred to and approved by said council, and to repay all out-
standing loans and advances made in respect of said work, and the
costs and expenses incidental hereto, and may issue debentures of
the said corporation to that amount in sums of not less than $50
each, and payable within fifteen years from the date thereof, at the
rate of four and a half per cent, per annum, payable annually dur-
ing the currency of said debentures, and such instalments of the
debt and the interest thereon shall be payable at the Union Bank
of Canada at the Town of "Wiarton on the 31st day of December in
each year, commencing with the 31st day of December, 1906, and

such

1906.

TOWNSHIP OF EASTNOR.

Chap. 69

»uch debentures shall have attached to them coupons for the pay-
ment of such interest.

2. The said debentures and the interest coupons attached thereto
shall be signed by the reeve and treasurer of the said corporation,
and the corporate seal thereof shall be attached to each of said de-
bentures.

3. The said sum of $2,800, when so borrowed, shall be used in pay-
ing off the loans and advances made on account of said drainage
work and now outstanding, and in constructing and completing the
said branch drain so deferred, and the necessary expenses connected
with the preparation of this by-law, and the confirmation thereof,
and the debentures to be so issued, and for no other purpose.

4. For paying the sum of $2,240, part of the said sum of $2,800,
being the amount charged against the lands comprised in and
affected by said scheme for benefit and outlet liability apart from
roads, and the sum of $560, part of the said sum of $2,800, being
the amount charged against the lands and roads belonging to the
said municipality, and for covering the interest thereon for fifteen
years at the rate of four and a half per cent, per annum, the follow-
ing total special rates over and above all other rates shall be
assessed, levied and collected upon and from the after mentioned
lots, and parts of lots and roads, and the amount of the said total
special rates and interest against each lot, or part of lot, respec-
tively, shall be divided into fifteen equal parts, and one such part
shall be assessed, levied and collected as aforesaid in each year for
fifteen years after the final passing of this by-law, during which the
said debentures have to run, and commencing with the year 1906.

Value To cover int. Total An. rate^

Lot

Con.

Acres.

15 yrs at

spec.

for

benefit.

%■

rate.

15 years.

1 W.B.R.

$2 73

$ 25

< £

4 09

2 73

t I

6 82

12 28

1 11

6 82

10 91

13 64

1 24

5 46

1 1

2 73

1 1

13 64

1 24

t i

100

27 28

2 48

i t

100

27 28

2 48

10 91

1 E.B.R.

2 73

100

27 28

2 48

100

27 28

2 48

23 20

2 10

10 91

20 46

1 85

25 92

2 35

• 8

100

27 28

2 48

1 1

24 55

2 22

24 55

2 22

100

27 28

2 48

21 84

1 98

13 •

9 55

13 64

1 24

13 64

1 24

13 64

1 24

100

27 28

2 48

23 20

o in

100

27 28

2 as

Lot

568

Chap. 69.

TOWNSHIP OF EASTNOR. 6 EDW. VII

Lot Con. Acres.

20 " 50

1 2 E.B.R. 20

2 " 100

3 " 100

4 " 100

5 " 100

6 " 100

7 " 100

8 " 100

9 •. " 100

10 " 100

11 " 100

12 " 100

13 " 100

14 " 100

15 " 100

16 " 100

17 " 100

18 " 90

19 " 60

20 " 25

1 3 E.B.R. 60

2 " . 90

3 " 100

4 " 100

5 " 100

6 " 100

7 " 100

8 " 80

9 " 80

10 " 100

11 " 100

12 " 100

13 '" 100

14 " 100

15 " 100

16 " 100

17 " * 80

18 " 20

1 4 E.B.R. 75

2 " 70

3 " 90

4 " 90

5 " 50

6 " 70

7 " 95

8 " 85

9 " 85

10 " 100

11 " 85

12 " 85

13 " 85

14 " 85

15 " 85

16 " 85

17 " 80

18 " 75

19 " 50

20 " 40

21 " 15

1 K E.B.R,. 20

2 " 25

7 " 35

Value To cover int. Total An. rate
of 15 yrs. at sj^ecial for
benefit. 4£ % . rate. 15 yrs.

A C

OT
Zt

QQ
OO

QO
OO

OT
Zt

QO
OO

ot
Z t

QO
OO

07
At

1 1

OQ
ZO

QO
OO

o
Z

Z I

QO
OO

A T

OQ
ZO

QO
OS

o
2

A T

OQ
ZO

QO
OO

07
At

o
2

A T

OT
Zt

OQ
ZO

QO
OO

Ol
At

o
Z

A T

1 t

QO
OO

o
2

^ T

OQ
ZO

QO
OO

/< T

OT
It

QO
OO

y< T

OT
It

OQ
ZO

QO
OO

o
2

A T

OQ
ZO

QO
OO

^ T

crcr
OO

Q
8

oo
8d

.18

1 (>

o/?
2b

A O

()

^?o
bz

J (l

an
26

/I o

Q
8

o
2

A H

QO
OO

o
2

^ T

QO
OO

A 1

^ T

oi
At

o
2

A T

1 1

Q£
OD

o
Z

A 7

QC
80

1 1

/fT
4(

2 t

1 1

i "I
1 1

A 7

/i T

1 1

/l 7

1 1

O A

0£>

A£»

Act

A O

qct

1 a

1 A

/ O

O A

1 o

crer

OCT

oer
35

O C*

OCT '

crcr

1 A

OCT

A I

1 A

8.1

1 1

^ T

1 A

OCT

1 A

oer

1 A

z.i

1 A

9 29

Lot

1906.

TOWNSHIP OF EASTNOR..

Chap. 69

Value To cover int. Total An. rate

T nt

Con.

-Acres

1 R vrs n t

LiJ y IO. tX L

HnAPi n 1

for

benefit

4A 9r

rate.

15 yrs.

c lji D D

5 Hi.Jd.K.

y 55

O AO

6 4o

1 O OQ

12 yo

art
DO

lb ol

k on

5 tsy

OO Ofi

22 2b

1 AO.

1 4o

l of*
1 ob

ACl

1 QK
I OO

o lo

O CIA

Z y4

11 1 o

11 Iz

1 A
1 4

c:a
50

1 O GA

lo b4

4 yi

1 Q CCC

lo Oo

1 OA

1 Z4

1 AA
1U0

2/ 28

O QO

y oo

07 1 1

61 11

O AQ
Z 48

1 A

1 AA
1UU

07 OQ

2/ 28

O QO

y so

07 1 1

61 11

O AQ
Z 48

1 £-

OO OA

2o 20

Q OC
O OO

Ol ££:
ol OO

O 1 o
Z 1U

i a

lb ot

K QO

o oy

oo ok
zz zb

1 AQ
1 48

1 1

1 AA
1UU

f>7 OQ

2/ 2o

O QO

y oz

07 1 O
Orf 1U

O 1 £t

Z 48

1 o

f A

lb 61

K QO

o »y

oo ok
zz zb

1 /i Q
1 48

t o

1 f? 07

lb 61

C Q A

o oy

OO OK

zz zb

1 /IO

i 4y

A A

10 91

O AO

o yo

1/1 OA

14 84

1 OA

1 uo

5 46

i yb

/ 42

6 E.B.R.

8 18

2 94

11 12

9 55

3 43

12 98

6 83

2 46

9 29

9 55

3 43

12 98

13 64

4 91

18 55

1 24

24 55

8 83

33 38

2 22

10 91

3 93

14 84

1 00

Tp. Eastnor

roads

560 00

201 60 761 60

50 78

$2,800 00 $1,008 00 $3,!

308 00

$253 87

5. For paying the said sum of $560, the amount assessed against
the roads of the said municipality, and for covering the interest
thereon for fifteen years at the rate of four and a half per cent, per
annum, a special rate on the dollar sufficient to produce the required
yearly amount thereof shall be raised over and above all other rates
to be levied and collected upon and from the whole rateable pro-
perty in the said Township of Eastnor in each year for fifteen years
after the final passing of this by-law, during which the said deben-
tures have to run, and commencing with the year 1906.

6. The assessments and levies in this by-law directed to be made
shall be taken in substitution of the provisions of a By-law No. 551
of the corporation of the said Township of Eastnor in respect of the
excess required over and above the amount of debentures already
issued thereunder, and said by-law is hereby amended in accordance
with the provisions hereinbefore set out, and in pursuance of The
Ontario Drainage Act.

Dated and passed in open council at Lion's Head this 21st dav of
March. A.D. 1906

(Sgd.) W. B. Moshiee,

Reeve.

(Seal.)

(Sgd.) J. H. Miers,

Clerk.

188

CHAPTER

570

Chap. 70.

TOWN OF EAST TORONTO.

6 EDW. VII

CHAPTER 70.

An Act respecting- the Town of East Toronto.

Assented to 27th April, 1906.

preamble. TX^HEREAS the Municipal Corporation of the Town of
T T East Toronto has by petition represented that the
council of the said corporation on the 8th day of August,
1904, passed a resolution authorizing the clerk of the
said municipality to give the necessary notices of their
intention to construct and lay cement sidewalks on
the north side of Danforth avenue in ■ said town,
and the said clerk, in pursuance of said resolution, did
on or about the 27th day of August, 1904, give the notices
required by law save and except that the letters to non-
resident owners were not registered; and whereas the said
sidewalk has been completed and is a permanent benefit
to the lands abutting on the said avenue between Main
street and the eastern limits of the town, but three owners,
namely, The Scottish American Investment Company,
Limited, whose name does not appear upon the assessment
roll of the said town, and J. B. Craigie and James
Maclennan have claimed that they received no notice
of the intention to construct said sidewalk and object to
be assessed for the same; and whereas it is expedient to
ratify and confirm all tax sales held by the town as here-
inafter provided ; and whereas the said corporation has
by its petition prayed that an Act may be passed for the
purposes aforesaid; and whereas it is expedient to grant
the prayer of the said petition ;

Therefore His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of Ontario,
enacts as follows :

Proceedings for 1. The proceedings authorizing the construction of
sWe^iktc°on-of *ne sidewalk hereinbefore referred to are ratified and con-
firmed, firmed and are declared to have been sufficient, and all
owners of lands benefited by said sidewalk as found by
the Court of Revision of said municipality and said lands

are

i'JOti TOWN OF EAST TORONTO. Chap. 70 571

are hereby declared to be liable for payment of their pro-
per proportions of the cost of such construction and to be
assessed and taxed for the same in all respects as if all
said proceedings had been regular in every respect.

2. All sales of lands within the said municipality up to sales of lands
and including the one held in the year 1904 and purporting tex?sconr8°£
to be made for arrears of taxes in respect of the lands so firmed,
sold are hereby validated and confirmed notwithstanding
any irregularity in the assessment or other proceedings for
imposition of any taxes so in arrear or any failure to com-
ply with the requirements of The Consolidated Assessment
Act, 1892, or of The Assessment Act in regard to the manner
in which any assessment roll or collector's roll of the said
municipality has been prepared or in regard to the certify-
ing or signing of the same or the making of any affidavit or
oath required in connection therewith or in regard to the
time for the return of any collector's roll of the said muni-
cipality or in regard to the furnishing, authenticating, or
depositing of any list of land in arrear for taxes within the
said municipality or in regard to the mailing of notice to
any person in respect to whose land any taxes appear at any
time to be in arrear or in regard to any omission to levy the
amount of any such taxes in arrear by distress and sale of
goods and notwithstanding any other failure or omission on
the part of any official of the said municipality to comply
with any requirements of the said Acts, and notwithstand-
ing anything to the contrary in either of the said Acts con-
tained. Provided, however, that any land so sold for taxes
which is still held by the municipality may be redeemed by r0T scx
the owner thereof or anv mortgagee thereon within three
months from the passing of this Act by such owner or mort-
gagee paying to the municipality the full amount which
would have been necessary to redeem the same within one
year from the day of the sale as provided in The Assessment
Act, including interest, the costs and charges of the sale and
also all taxes which have accrued subsequent to the sale and
a sum for any year or years in which the same may not
have been rated for taxes equal to what would have been
the taxes thereon at the current rate for such year or years
if the land had been assessed to a private person and also
interest upon several sums to the time of such redemption.
Provided also that nothing herein contained shall be proviso
taken or held or be deemed to validate or confirm any such
sale unless taxes were at the time of such sale actually in
arrear for such period of time as required by the statute
in that behalf.

CHAPTER

572

Chap. 71.

VILLAGE OF FINCH.

6 Edw. Til.

CHAPTER 71.

An Act to incorporate the Village of Finch.

Assented to 27th April, 1906.

preamble. \\7 HEREAS the ratepayers residing in the unincorpor-
T T ated Village of Finch, in the Township of Finch, in
the County of Stormont, have by petition set forth, that
the unincorporated Village of Finch is situate on the north
halves of lots thirteen and fourteen and that part of the
west half of lot number fifteen lying north of the Payne
River in the second concession of the said Township of
Finch, and the south half of the south half, the east half
of the north half of the south half, and the east half of the
north half of lot number thirteen in the third concession,
part of lot number fourteen in the third concession lying
south and west of the Payne River and the south twenty
acres of the west half of lot number fifteen in the third
concession of the said Township of Finch, amounting in
all to about 500 acres; that the said Village of Finch
contains a population of 525 souls according to the last
enumeration of the assessor; that the petitioners are
desirous that the inhabitants of the said Village shall
be incorporated under the name of "The Corporation
of the Village of Finch," with the powers vested in villages
incorporated under the provisions of The Consolidated
Municipal Act, 1903; that the said Village is situated at
the junction of the Canadian Pacific Railway and the
Ottawa and New York Railway, and it is necessary and in
the interests of the inhabitants of the said Village and of
the travelling public that works and improvements should
be constructed in the said Village which the inhabitants
are not able to procure from the Township Council ; that
owing to the situation of the said Village of Finch, the
police village system is not adapted to the requirements of
the community, and that it would greatly conduce to the
benefit of the said Village of Finch and the travelling pub-
lic if the said Village were incorporated ; and have prayed
that an Act may be passed so incorporating the said Vil-
lage; and whereas no opposition has been offered to the

granting

1906. VILLAGE OF FINCH. Chap. 71. 573

granting of the prayer of the said petition and it appears
that the petitioners include almost the whole number of
ratepayers in the said Village; and whereas it is expedient
to grant the prayer of the said petition;

Therefore His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of Ontario,
enacts as follows :

1. On and after the passing of this Act the inhabitants incorporation
of the Village of Finch comprised within the boundaries $^age of
of the second section of this Act mentioned, shall be and

they are hereby constituted a corporation or body politic,
separate and apart from the Township of Finch, in which
the said Village is now situated under the name of "The
Corporation of the Village of Finch," and shall enjoy all
such rights, powers and privileges as are now or shall here-
after be conferred upon incorporated villages in the Pro-
vince of Ontario.

2. The said Village of Finch shall comprise and consist Limits of
of the lands, within the following boundaries, that is to say : vulaee-
The north halves of lots numbers thirteen and fourteen and

that part of the west half of lot number fifteen lying north
of the Payne River in the second concession of the said
Township of Finch, and the south half of the south half,
the east half of the north half of the south half and the
east half of the north half of lot number thirteen in the
third concession, that part of lot number fourteen in the
third concession lying south and west of the Payne River
and the south twenty acres of the west half of lot number
fifteen in the third concession of the said Township of
Finch, amounting in all to about 500 acres, inclusive of all
the allowances for roads within or between the said lands.

3. On the 14th day of May, 1906, it shall be lawful for First election
James R. Simpson, Clerk of the Township of Finch, 0folCouncil-
the County of Stormont, who is hereby appointed the
Returning Officer, to hold the nomination for the first elec-
tion of Reeve and Councillors at some prominent place in

the said Village, at the hour of noon, and he shall preside at
such nomination, or in case of his absence the electors pre-
sent shall choose from among themselves a Chairman to
officiate, who shall have all the powers of a Returning
Officer and the polling for the said election in the event of
there being a poll required, shall be held on the same day
of the week in the week next following the said nomination,
and at the same place, and the duties of the Returning
Officer shall be those prescribed by law with respect to in-
corporated villages.

574

Chap. 71.

VILLAGE OF FINCH.

6 Edw. VII.

Qualification at
first election.

4. At the said election the qualification of the electors
and of the Reeve and Councillors for the said Village shall
be the same as that required in townships, and at all sub-
sequent elections the qualification of electors and of the
Reeve, Councillors and other officers shall be the same as
that required in incorporated villages.

Township
Clerk to fur-
nish assess-
ment roll, etc.

5. The Township Clerk of the Township of Finch shall
furnish to the Returning Officer, upon demand made by him
for the same, a certified copy of so much of the last revised
assessment roll of the said Township as may be required,
to ascertain the persons entitled to vote at such first elec-
tion, or the collector's roll or any document, writing, or
statement that may be required for that purpose.

First meeting
of council.

6. The Reeve and Councillors so to be elected shall hold
their first meeting at some prominent place in the said
Village of Finch at the hour of noon, on the same day of
the week in the week next following the polling, or if there
be no polling, on the same day of the week in the week next
following the nomination.

Application of
provisions of
3 Edw. VII.,
c. 19.

7. Save as otherwise provided by this Act, the provisions
of The Consolidated Municipal Act, 1903, and of all other
general Acts respecting municipal institutions, with regard
to matters consequent upon the formation of new corpora-
tions and the other provisions of the said Acts applicable
to incorporated villages, shall apply to the Village of Finch
in the same manner as they would have been applicable
had the said Village of Finch been incorporated under the
provisions of said Acts.

village separat- 8. From and after the passing of this Act the said Vil-
ship"!om °wn lage of Finch shall cease to form a part of the Township
of Finch and shall to all intents and purposes form a sepa-
rate and independent municipality, with all the rights,
privileges and jurisdiction of an incorporated village in
Ontario.

Expenses of
incorporation.

9. The expenses of obtaining this Act, and of furnishing

any documents, copies of papers, writings, deeds or any
matters whatsoever required by the clerk of the said Vil-
lage or other officers of the said Village shall be borne by
the said Village and be paid by it to any party that may be
entitled thereto.

Representa-
tion.

10. The said Village of Finch shall form a part of the
electoral district of the County of Stormont.

CHAPTER

1906. TOWN OF FORT FRANCES. Chap. 72 575

CHAPTER 72.

An Act to consolidate the Floating Debt of the
Town of Fort Frances.

Assented to 27th April, 1906.

WHEREAS the Municipal Corporation of the Town of Preamble.
Fort Frances has by petition represented that the said
Corporation has accumulated a floating debt over and above
the uncollected taxes applicable to the payment thereof, of
$14,000, of which the sum of $6,400 lias been incurred for
completing and furnishing its Town Hall, the sum of $1,640
in respect of an award against the Town by reason of the
widening of Church street in the said town, the sum of $960
for law costs and expenses by reason of efforts of the Cor-
poration to prevent and amend certain legislation in respect
of the Fort Frances Water Power, and the sum of $5,000 for
permanent improvements in grading streets and building
sidewalks and a dock in the Rainy River ; and the said
indebtedness is due and owing to various and sundry credi-
tors who are pressing for payment ; and that the said muni-
cipality is unable to pay the said amount out of the current
rates ; and whereas the Municipal Council of the said town
has petitioned, praying that an Act be passed to consolidate
such indebtedness, and to authorize the Corporation to issue
debentures in the sum of $14,000 for the purpose of paying
off such indebtedness, and whereas it is expedient to grant
the prayer of the said petition :

Therefore, His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1 . The said floating debt of the Corporation of the Town Ploatt*g
of Fort Frances is hereby consolidated at the said sum of cons01 at ■
$14,000, and it shall and may be lawful for the said Corpora-
tion to raise by way of loan, on the credit of the debentures
to be issued under the authority of this Act, from any person
or persons or body corporate, the sum of $14,000.

576

Chap. 72.

TOWN OF FORT FRANCES.

6 EDW. YII

issue of 2. It shall be lawful for the said Corporation to pass a by-

8i4boootures f°r hvw providing- for the issue of debentures under the Cor-
authorized. porate Seal, signed by the Mayor and Treasurer for the time
being, in sums of not less than $100 each, and not exceeding
the aggregate $14,000, payable at such places as the Corpora-
tion may deem expedient.

Term of 3. A portion of such debentures shall be made payable in

debentures. each year, for a. period not exceeding twenty years from the
date of the issue thereof, and so that the aggregate amount
payable lor principal and interest in any one year shall be
equal as nearly as may be to the aggregate amount payable
for principal and interest during each of the other years of
the period within which this debt is to be discharged ; such
interest may be made payable by coupons to be attached to
the said debentures, if the by-law so directs ; and the said
interest shall be payable at such rate not exceeding five per
centum per annrra^s the said Corporation may direct, and
shall be payable yearly.

of^bentures11 ^' ^ne sa*^ Corporation may for the purposes herein men-
tioned raise money by way of loan on the said debentures, or
sell and dispose of the same as may be deemed expedient.

Application of 5 The said debentures and all moneys arising therefrom'

proceeds of ...

debentures. shall be applied by the said Corporation to the redemption of
the said floating debt of $14,000, and in no other manner and
for no other purpose whatsoever.

Assent of it shall not be necessary to obtain the assent of the

electors not «/

required, electors of the Town of Fort Frances to the passing of any
by-law or by-laws which shall be passed under the provi-
sions of this Act or to observe the formalities in relation

sEdw. vii., thereto prescribed by The Consolidated Municipal Act, 1903,
and any provisions in the Acts respecting municipal institu-
tions in the Province of Ontario which are or may be incon-
sistent with the provisions of this Act shall not apply to the
by-law or by-laws to be passed by the said Corporation under
the provisions of this Act.

irregularity in 7. No irregularity in the form of the said debentures or
invalidate0 any °f them, or of any by-law authorizing the issue thereof
shall render the same invalid or illegal, or be allowed as a
defence to any action brought against the said Corporation
for the recovery or the said debentures or interest or any
part thereof ; and the purchaser or holder thereof shall not
be^ bound to inquire as to the necessity of passing such
by-law or issuing debentures, or as to the application of the
proceeds thereof.

By-law not to Any by-law to be passed under the provisions of this

unS^febf1 Act shall not be repealed until the debt created under such
satisfied. By-law and interest thereon is fully paid and satisfied.

1906 town of fort Frances. Chap. 72 577

9. The said Corporation shall levy, in addition to all special rate,
other rates to be levied in each year, a special rate sufficient

to pay the amount fading due annually for principal and
interest in respect to the debentures authorized to be issued
under this Act, to be called " The Consolidated Debenture
Rate " ; and it shall not be necessary to levy for or provide
any sinking fund to retire the said debentures or any of them.

10. Nothing in this Act contained shall be held or taken In<jebtedness
to discharge the Corporation of the Town of Fort Frances °* townnot

from any indebtedness or liability which may not be included
in the indebtedness hereby consolidated.

11. It shall be the duty of the Treasurer for the time T]:easlirert0
being, of the said Town, to keep, and it shall be the dutv of keep proper

books of

each of the members from time to time of the said Municipal account.
Council to procure such Treasurer to keep, and see that he
does keep a proper book of account, setting forth a full and
particular statement, so that the same shall at all times show
the number of debentures which from time to time shall be
issued under the powers conferred by this Act, and the
respective amounts, payment of which is thereby secured, and
the times at which the said debentures shall respectively
become due and payable, and the several amounts which
shall, from time to time, be realized from the sale or negotia-
tion of the said debentures, and the application which shall,
from time to time, be made of the said amounts ; and the said
book of account and statement shall at all times, and at all
reasonable hours, be open to the inspection of any ratepayer
of the said Town, and of any of the holders, from time to
time, of the debentures which shall be issued under the
powers hereby conferred or any of such debentures.

12. The by-law or by daws authorizing the said deben- Form of
tures from time to time, may be in the form of schedule " A" to by"linv-
this Act with such variations as may be required.

13. This Act may be cited as The Town of Fort Frances short title of
Debenture Act 190b." Act-

SCHEDULE "A."
By-law No.

To authorize the issue of debentures under the authority of The
Town of Fort Frances Debenture Act, 1906, being Chapter of the
Statutes of Ontario, 1906.

Whereas the Municipality of the Town of Fort Frances has an out-
standing floating indebtedness amounting over and above the uncollected
taxes applicable to the payment of the same, to the sum of fourteen
thousand dollars ($14,000), accrued during the year 1905, and owing'to
sundry creditors who are pressing for payment.

37 S. And

S78

Chap. 72

TOWN OF FORT FRANCES.

6 Edw. VII

And whereas the said municipality is altogether unable at the present
time to pay the said debt or any part thereof, and to pay the same out of
the annual rates would be unduly oppressive to the ratepayers of the said
municipality.

And whereas it is desirable to raise the said sum of fourteen thousand
dollars ($14,000) by the issue of debentures of the said municipality, and
to spread repayment thereof over a period of twenty years.

And whereas in order to raise the said sum of fourteen thousand dol-
lars" ($14,000) to pay the said indebtedness, it will be necessary to issue
debentures of the said municipality for the sum of fourteen thousand
dollars ($14,000), payable in annual instalments extending over twenty
years, with interest thereon at the rate of five per centum per annum,
payable yearly according to the coupons attached to the said debentures.

And whereas the said Act authorizes the issue of debentures in con-
formity herewith.

And whereas the amount of the whole rateable property of the Town
of Fort Frances, according to the last revised assessment roll for the said
town, being for the year 190 , was $

Therefore the . Municipal Corporation of the Town of Fort Frances
enacts as follows : — '

1. Debentures under the said Act for the purposes therein mentioned,
to the extent of fourteen thousand dollars ($14,000), repayable in twenty
annual instalments of sufficient amount each year to make with the
interest charged as nearly as possible an equal annual repayment of
principal and interest combined, are hereby authorized and directed to be
issued.

2. Such debentures shall bear interest at the rate of five per centum per
annum, payable yearly on the day of in each year.
(If interest is to be paid by coupons, add upon presentation as the same
shall severally become due of the proper coupons to be annexed to said
debentures. )

Read a first time in open council this 5th day of March, 1906.

Read a second time in open council the 5 th March 1906.

Read a third time and passed in open council this day of
1906.

37a S.

CHAPTER

1906. TOWN OF FORT WILLIAM. Chap. 73 579

CHAPTER 73.

An Act respectinggthe Town of Fort William, 1906.

Assented to 14th May, 1906.

WHEREAS the Corporation of the Town of Fort William preamble,
has by petition represented that the council of the
said town did on the first day of January, 1906, submit by-
law No. 396 of the said town to the duly qualified ratepayers
thereof, after duly publishing the said by-Jaw in the issues of
the Fort William " Times-Journal," a newspaper published
daily m the said town ; and whereas out of 830 votes entitled
to be cast in respect thereof, 584 were cast in favor thereof
and 73 against the same ; and whereas the said corporation
has by petition further represented that the council of the
said town did, on the said first day of January, 1906, submit
by-laws numbered 397 and 398 of the said town, to the duly
qualified ratepayers in that behalf, together with estimates of
the proposed expenditure to be made under such by-laws,
after publishing the said by-laws and estimates in the said
Fort William " Times- Journal "; and whereas out of 830 votes
. entitled to be cast in respect of each of such by daws, the fol-
lowing was the result, namely : By-law No. 397 — 595 votes
in favor of and 90 against ; by daw No. 398 — 590 votes in
favor of and 86 against ; and whereas doubts have arisen as
to the validity of the three said by-laws ; and whereas the
three said by-laws were finally passed by the council of the
said town on the tenth day of January, 1906, and duly regis-
tered in the Registry Office for the District of Thunder Bay ;
and whereas the value of the rateable property of the said town,
according to the last revised assessment roll, is $3,197,927,
and the debenture debt of the said town, exclusive of local
improvement debts, is $509,858.09 ; and whereas no objection
has been made thereto on the part of any ratepayer ; and
whereas no application has been made to quash or set aside
any of the said by-laws numbered 396, 397 and 398, nor is
any action pending wherein the validity of any of such by-
laws has been, or can be, called in question ; and whereas the
said corporation has by petition prayed for special legislation
in respect of the above and other matters herein set forth ;
and whereas it is expedient to grant the prayer of the said
petition ;

Therefore,

580

Chap. 73.

TOWN OF FOUT WILLIAM.

6 Edw. VII

Therefore, His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of Ontario,
enacts as follows : —

By-laws Nos.

396, 397 and 398 1- ^he following by-laws of the said town, namely : — By-
Fortwuiiam ]&W Na 39K' intitule,i " A by law to further improve and
confirmed. extend the Water Works system of the said town and to pio-
vide for the raising of $20,000, by way of debentures, necessary
therefor"; By-law No. 397. intituled " A by-law to further
improve and extend the Electric Light System of the said
town and to provide for the raising of $1*4,000, by way of
debentures, necessary therefor"; By-law No. 398, intituled
"A by-law to further improve and extend the Telephone
System of the said town, and to provide for the raising
of f 12, 000, by way of debentures, necessary therefor,"
as set out in Schedules "A," "B" and "C" hereto,
are declared to be and to have always been, since the final
passing thereof, valid, legal and existing by-laws of the
said town, and the debentures now issued, or which may
or shall hereafter be issued thereunder (when so issued)
shall be legal and binding upon the said corporation and
the ratepayers thereof.

Snanevfe^to The Corporation of the Town of Fort William are

eachaearnfor hereby required in each year during the currency of the
sinking'fund" debentures authorized by the said respective by-laws to
raise and levy on all the rateable property in the said muni-
cipality in addition to the amounts required by the said
by-laws the respective sums following : —

In the case of By-law No. 396 the sum of $34.11.
In the case of Bv-law No. 397 the sum of $23.88.
In the case of By-law No. 398 the sum of $20.46.
and place the said amounts to the credit of the sinking
fund required in respect of the said by-laws.

'SCHEDULE "A.

Public notice is hereby given that hereunder are the estimates
of the proposed expenditure of $20,000 for the improving and
extending the waterworks system of the Town of Fort William,

sought to be provided by the said town, under the by-law pub-
lished herewith, namely :

Balance unprovided from 1905 $2,304 90

Proposed extension 1906 as follows :

Vickers street, 2500 8 inch, 3 Hy $2,560 00

Isabella street, 400 4 inch, 2 Hy 290 00

Catharine street, 600 feet, 4 in., 2 Hy 525 00

Walsh street, 300 feet, 6 in., 1 Hy 325 00

Ridgeway street, 400 feet, 4 in., 1 Hy 2,756 00

Arthur street, 250 feet, 4 in., 1 Hy 125 00

Harold street, 600 feet, 4 in., 1 Hy 500 00

Norah street, 1800 feet, 6 in., 4 Hy 1,150 00

Dease street, 350 feet, 6 in., 1 Hy 335 00

Wiley street, 650 feet, 6 in., 1 Hy 500 00

Robertson street, 1700 feet, 4 in., 3 Hy. ... 660 00

Francis

1906 TOWN OF FORT WILLIAM. Chap. 73

Francis and Syndicate, 1,000 ft., 4 in., 2 Hy. 675 00

Gore street, 600 feet, C in., 2 Hy 582 00

Victor street, 500 feet, 6 in., 1 Hy 461 00

Arthur street, 650 feet, 6 in., 1 Hy 500 00

Mcintosh and McLaughlin, 600 feet, 4 in. ... 525 00

.$12,469 00

300 service connections 3,300 00

Labor, engineering and contingencies 1,926 10

Total $20,000 00

Town of Fort William. By-law No. 396.

A By-law to further improve and extend the Waterworks System
of the said Town, and to provide for the raising of $20,000
by way of debentures necessary therefor.

Whereas the commissioners and council of the said Town deem
it expedient to further improve and extend the waterworks system
of the said town as set out in the above statement ;

And whereas the council of the said town deem it expedient that
the further sum of $20,000 should be provided therefor ;

And whereas the said sum of $20,000 is the amount of the debt
intended to be created hereby ;

And whereas the amount of the whole rateable property of the
said Town of Fort William, according to the last revised assess-
ment roll, is $3,107,927;

And whereas the existing debenture debt of the said town,
exclusive of local improvement debentures, amounts to $509,858.09.

made up as follows :

Waterworks debenture debt $ 93,500 00

Electric light debenture debt 100,000 00

Telephone debenture debt 35,000 00

General debenture debt 281,358 09

of which no part of the principal or interest is in arrear and for
the payment of which a sinking fund of $91,104.78 has been pro-
vided ;

And whereas in order to provide for the said debt it is expedient
to issue debentures of said corporation to the amount of $20,000,
bearing interest at four and one-half per cent, per annum;

And whereas it will require the sum of $900.00 to be raised
annually for a period of twenty years, the currency of the deben-
ture to be issued under and by virtue of this by-law to pay the
interest of the said debt and the sum of $637.52 to be raised
annually during the said period for the payment of the said prin-
cipal debt intended to be created by this by-law, such last men-
tioned sum being sufficient with the estimated interest on the in-
vestment thereof to discharge the said debt when the same becomes
payable, making in all the sum of $1,537.52 to be raised annually
as aforesaid for the payment of the said debt and interest ;

And whereas it will require the sum of $1,537.52 to be raised
annually for the period of twenty years by a special rate on the
whole rateable property in the said town for the payment of the
said debt and interest as aforesaid;

Therefore the corporation of the Town of Fort William enacts
as follows :

1. It shall and may be lawful for the mayor of the said corpor-
ation and he is hereby empowered to borrow the said sum of
$20,000 on the credit of the said corporation for the purposes
aforesaid and to issue debentures of the said corporation to the
amount of $20,000 in sums of not less than $lu0 each, payable
within twenty years from the day when this by-law shall come
into force and to' bear interest at four and one-half per centum
per annum, payable half-yearly on the first day of the month
of September and March in each year respectively during the
currency of the said debentures.

582

Chap. 73.

TOWN OF FORT WILLIAM.

6 Edw. VII

2. The said debentures shall .bear date as of the 1st day of March,
1906, shall be signed by the mayor and treasurer thereof and sealed
with the corporate seal.

3. Within the period of twenty years (the currency of the deben-
tures to be issued hereunder) there shall be raised and levied an-
nually upon the whole rateable property in the said Town of Fort
William, in addition to all other rates, levies and assessments,
the said sum of $900 to pay the interest on the said debentures,
and also the further sum of $637.52 as a sinking fund for the pay-
ment of the said debt at the maturity thereof, making in all the
said sum of $1,537.52 to be raised annually as aforesaid.

4. The said debenture shall have attached thereto coupons for
the payment of interest thereon and the said debentures as to prin-
cipal and interest shall be payable at the office of the town treas-
urer, Fort William, Ont.

5. Every debenture to be issued hereunder shall contain a pro-
vision in the following words: "This debenture or any interest
therein shall not, after a certificate of ownership has been endorsed
thereon by the treasurer of the municipality, be transferable,
except by the treasurer or his deputy in the debenture registry
of the said corporation in the said Town of Fort William," or to
like effect.

6. That this by-law shall come into force on the first day of
March, 1906.

7. That the votes of the electors of the said municipality entitled
to vote on this by-law shall be taken on Monday, the first day of
January, 1906, commencing at the hour of nine o'clock in the
forenoon and closing at the hour of five o'clock in the afternoon
of the same day as follows :

In Ward One — At. J. W. Robertson's house; deputy returning
officer, J. W. Robertson.

In Ward Two (Subdivision No. 1) — In sample room at the Avenue
hotel, Mc Vicar street; deputy returning officer, J. R. Lumby.

In Ward Two (Subdivision No. 2) — At Town Hall; deputy return-
ing officer, John McNaughton.

In Ward Three — In George Coates' office; deputy returning
officer, Wm. Palling.

In Ward Four — At Fire Hall; deputy returning officer, G. B.
Smith.

8. That on Saturday, the 30th day of December, 1905, at the
hour of ten o'clock in the forenoon, the mayor of Fort William
will attend at the office of the town clerk for the purpose of appoint-
ing in writing signed by himself, two persons to attend at the
final summing up by the town clerk of the votes polled on this
by-law, and also of appointing one person at each polling place
on behalf of the persons interested in and desirous of promoting
the passing of this by-law and a like number on behalf of the per-
sons interested in and desirous of opposing the passing of this
by-law.

9. That on Tuesday, the 2nd day of January, 1906, at the hour
of ten o'clock in the forenoon, at the offices of the Town of Fort
William, the clerk of the said town will proceed to sum up the
number of votes given for and against this by-law.

Given under the corporate seal of the Town of Fort William, as
witnessed by the hand of its mayor and clerk, this 10th day of

January, 1906.

Signed, E. S. Rutledge,
Signed, A. McNaughton,

Mayor.

Clerk.

(Seal.)

SCHEDULE

1906.

TOWN OF FORT WILLIAM.

Chap. 73

SCHEDULE "B."

Public notice is hereby given that hereunder are the estimates
of the proposed expenditure of $14,000 for the improvement and
extension of the electric light system of the Town of Fort William,
sought to be provided by the said town, under the by-law published

herewith, namely :

Poles and fittings $1,150 00

Wire • 3,825 00

Transformers 600 00

Arc regulator and switchboard 2,000 00

One thousand h. p. watt meter 500 00

Substation and grounds 3,500 00

Horse and light wagon 300 00'

Labor and incidentals 2,125 00

Total $14,000 00

Town of Fort William By-law No. 397.

A By-law to further improve and extend the Electric Light System
of the said Town, and to provide for the raising of $14,000 by
way of debentures necessary therefor.

Whereas the commissioners and council of the said town deem it
expedient to further improve and extend the electric light system,
of the said town as set out in the above statement;

And whereas the council of the said town deem it expedient that
the further sum of $14,000 should be provided therefor ;

And whereas the said sum of $14,000 is the amount of the debt
intended to be created hereby;

And whereas the amount of the whole rateable property of the
said Town of Fort William, according to the last revised assess-
ment roll, is $3,107,927;

And whereas the existing debenture debt of the said town, ex-
clusive of local improvement debentures, amounts to $509,858.09,

made up as follows :

Waterworks debenture debt $ 93,500 00

Electric light debenture debt 100,000 00

Telephone debenture debt 35,000 00

General debenture debt 281,358 09

of which no part of the principal or interest is in arrear and for
the payment of which a sinking fund of $91,104.78 has been pro-
vided ;

And whereas in order to provide for the said debt it is expedient
to issue debentures of the said corporation to the amount of
$14,000 bearing interest at four and one-half per cent, per annum.

And whereas' it will require the sum of $630 to be raised annually
for a period of twenty years, the currency of the debentures to be
issued under and by virtue of this by-law to pay the interest of
the said debt and the sum of $446.26 to be raised annually during
the said period for the payment of the said debt intended to be
created by this by-law, such last mentioned sum being sufficient
with the estimated interest on the investment thereof to discharge
the said debt when the same becomes payable, making in all the
sum of $1,076.26 to be raised annually as aforesaid for the pay-
ment of the said debt and interest;

And whereas it will require the sum of $1,076 26 to be raised
annually for the period of twenty years by a special rate on the
whole rateable property in the said town for the payment of the
said debt and interest as aforesaid;

Therefore the corporation of the Town of Fort William enacts
as follows :

1. It shall and may be lawful for the mayor of the said
corporation and he is hereby empowered to borrow the said sum
of $14,000 on the credit of the said corporation for the purposes
aforesaid and to issue debentures of the said corporation to the
amount of $14,000 in sums of not less than $100 each parable

withim

584

Chap. 73.

TOWN OF FORT WILLIAM.

6 Edw. VII

within twenty years from the day of the coming into force of this
by-law and to bear interest at four and one-half per centum per
annum, payable half-yearly on the first day of the months of
September and March in each year respectively during the cur-
rency of the said debentures.

2. The said debentures shall bear date as of the first day of
March, 1906, shall be signed by the mayor and treasurer thereof
aui sealed with the corporate seal.

3. Within the said period of twenty years (the currency of the
debentures to be issued hereunder) there shall be raised and levied
annually upon the whole rateable property in the said Town of Fort
William, in addition to all other rates, levies and assessments, the
said sum of $630 ,to pay the interest on the said debentures and
also the said further sum of $446.26 as a sinking fund for the
payment of the said debt at the maturity thereof, making in all
the said sum of $1,076.26 to be raised annually as aforesaid.

4. The said debenture shall have attached thereto coupons for
the payment of interest thereon and the said debentures as to
principal and interest shall be payable at the office of the town
treasurer, Fort William, Ont.

5. Every debenture to be issued hereunder shall contain a pro-
vision in the following words: "This debenture or any interest
therein shall not, after a certificate of ownership has been endorsed
thereon by the treasurer of the municipality, be transferable, ex-
cept by the treasurer or his deputy in the debenture registry of
the said corporation in the said Town of Fort William," or to like
effect.

6. That this by-law shall come into force on the first day of
March, 1906.

7. That the votes of the electors of the said municipality entitled
to vote on this by-law shall be taken on Monday, the first day of
January, 1906, commencing at the hour of nine o'clock in the fore-
noon and closing at the hour of five o'clock in the afternoon of the
same day as follows :

In Ward One — At J. W. Robertson's house; deputy returning
officer, J. W. Robertson.

In Ward Two (Subdivision No. 1) — In sample room at the Avenue
hotel, Mc Vicar street; deputy returning officer, J. R. Lumby.

In Ward Two (Subdivision No. 2) — At Town Hall; deputy return-
ing officer, John McNaughton.

In Ward Three — In George Coates' office; deputy returning
officer, Wm. Palling.

In Ward Four — At Fire Hall; deputy returning officer, G. B.
Smith.

8. That on Saturday, the 30th day of December, 1905, at the
hour of ten o'clock in the forenoon, the mayor of Fort William
will attend at the office of the town clerk for the purpose of ap-
pointing in writing signed by himself, two persons to attend at
the final summing up by the town clerk of the votes polled on this
by-law, and also of appointing one person at each polling place
on behalf of the persons interested in and desirous of promoting
the passing of this by-law and a like number on behalf of the per-
sons interested in and desirous of opposing the passing of this
by-law.

9. That on Tuesday, the 2nd day of January, 1906. at the hour
of ten o'clock in the foreuoon, at the offices of the Town of Fort
William, the clerk of the said town will proceed to sum up the
number of votes given for and against this by-law.

Given under the corpoi ute seal of the Town of Fort William,
as witnessed by the hand !>f its mayor and clerk, this 10th day of
J anna- 1906.

Signed, E. S. Rutledge,

Mayor.

Signed, A. McNaughtion,
(Saal.) Clerk.

SCHEDULE

1906. TOWN OF FORT WILLIAM. Chap. 73 585

SCHEDULE "C."

Public notice is hereby given that hereunder are the estimates
of the proposed expenditure of $12,000 for the improvement and
extension of the telephone system of the Town of Fort William,
sought to be provided by the said town, under the by-law published

herewith, namely :

Poles and fittings $1,185 00

Wire and cable 3,500 00

Switchboard extension 1,500 00

Branch exchange for Westfort 1,500 00

Telephones and repair parts 2,500 00

Labor and incidentals 1,815 00

Total $12,000 00

Town of Fort William By-law No. 398.

A By-lay to further improve and extend the Telephone System of
the said Town, and ' to provide for the raising of $12,000 by
way of debentures necessary therefor.

Whereas the commissioners and council of the said town deem it
expedient to further improve and extend the telephone system of
of the said town as set out in the above statement;

And whereas the council of the said town deem it expedient that
the further sum of $12,000 should be provided therefor;

And whereas the said sum of $12,000 is the amount of the debt
intended to be created hereby ;

And whereas the amount of the whole rateable property of the
said Town of Fort William, according to the last revised assess-
ment roll, is $3,107,927;

And whereas the existing debenture debt of the said town, ex-
clusive of local improvement debentures, amounts to $509,858.09,

made up as follows :

Waterworks debenture debt $ 93,500 00

Electric light debenture debt 100,000 00

Telephone debenture debt 35,000 00

General debenture debt 281,358 09

of which no part of the principal or interest is in arrear and for
the payment of which a sinking fund of $91,104.78 has been pro-
vided ; 0

And whereas in order to provide for the said debt it is expedient
to issue debentures of the said corporation to the amount of
$12,000 bearing interest at four and one-half per cent, per annum ;

And whereas it will require the sum of $540 tc, be raised annually
for a period of twenty years, the currency of the debentures to be
issued under and by virtue of this by-law to pay the interest of
the said debt and the sum of $382.51 to be raised annually during
the said period for the payment of the said debt intended to be
created by this by-law, such last mentioned sum being sufficient
with the estimated interest on the investment thereof to discharge
the said debt when the same becomes payable, making in all the
sum of $922.51 to be raised annually as aforesaid for the pay-
ment of the said debt and interest ;

And whereas it will require the sum of $922.51 to" be raised
annually for the period of twenty years by a special rate on the
whole rateable property in the said town for the payment of the
said debt and interest as aforesaid ;

Therefore the corporation of the Town of Fort William enacts
as follows :

1. It shall and may be lawful for the mayor of the said
corporation and he is hereby empowered to borrow the said sum
of $12,000 on the credit of the said corporation for the purposes
aforesaid and to issue debentures of the said corporation to the
amount of $12,000 in sums of not less than $100 each parable
within twenty years from the day of the coming into force of this

by-law

♦

586 Chap. 73. town of fort william. 6 Edw.. VII

by-law and to bear interest at four and one-half per centum per
annum, payable half-yearly on the first day of the months of
September and March in each year respectively during the cur-
rency of the said debentures.

2. The said debentures shall bear date as of the first day ol
March, 1906, shall be signed by the mayor and theasurer thereof
and sealed with the corporate seal.

3. Within the said period of twenty years (the currency of the
debentures to be issued hereunder) there shall be raised and levied
annually upon the whole rateable property in the said Town of Fort
William, in addition to all other rates, levies and assessments, the
said sum of $540 to pay the interest on the said debentures and
also the said further sum of $382.50 as a sinking fund for the
payment of the said debt at the maturity thereof, making in all
the said sum of $922.51 to be raised annually as aforesaid.

5. Every debenture to be issued hereunder shall contain a pro-
vision in the following words: "This debenture or any interest
therein shall not, after a certificate of ownership has been endorsed
thereon by the treasurer of the municipality, be transferable, ex-
cept by the treasurer or his deputy in the debenture registry of
the said corporation in the said Town of Fort William," or to like
effect.

6. That this by-law shall come into force on the first day of
March, 1906.

7. That the votes of the electors of the said municipality entitled
to vote on this by-law shall be taken on Monday, the first day of
January, 1906, commencing at the hour of nine o'clock in the fore-
noon and closing at the hour of five o'clock in the afternoon of the
same day as follows :

In Ward One — At J. W. Robertson's house; deputy returning
officer, J. W. Robertson.

In Ward Two (Subdivision No. 1) — In sample room at the Avenue
hotel, Mc Vicar street; deputy returning officer, J. R. Lumby.

In Ward Two (Subdivision No. 2) — At Town Hall ; deputy return-
ing officer, John McNaughton.

In Ward Three — In George Coates' office; deputy returning
officer, Wm. Palling.

In Ward Four — At Fire Hall; deputy returning officer, G. B.
Smith.

8. That on Saturday, the 30th day of December, 1905, at the
hour of ten o'clock in the forenoon, the mayor of Fort William
will attend at the office of the town clerk for the purpose of ap-
pointing in writing signed by himself, two persons to attend at
the final summing up by the town clerk of the votes polled on this
by-law, and also of appointing one person at each polling place
on behalf of the persons interested in and desirous of promoting
the passing of this by-law and a like number on behalf of the per-
sons interested in and desirous of opposing the passing of this
by-law. •

Given under the corporate seal of the Town of Fort William,
as witnessed by the hand of its mayor and clerk, this 10th day of
Januar- i906.

Signed, E. S. Rutledge,

Mayor.

Signed, A. McNaughtion,

Clerk.

(Seal.)

CHAPTER

Chap. 74. TOWN OF GALT. 6 Edw. VII. 587

CHAPTEE 74.

An Act respecting the Townfof Gait, 1906.

Assented to 27th April, 1906.

WHEEEAS the Municipal Corporation of the Town Preamble,
of Gait has by petition represented that on the eighth
day of July, 1901, the said corporation passed by-law
numbered 689, "Eespecting Sewers and Frontage Assess-
ment for Sewers, and to regulate the mode of payment for
Sewers and other matters in connection with Sewers";
and on the twenty-second day of March, 1906, passed
By-law No. 825 amending said By-law No. 689;
that the said corporation, on the twenty-third day of
November, 1901, passed by-law numbered 746, "To pro-
vide for borrowing money by the issue of Debentures,
secured by local special rates, for the construction of sew-
ers on certain streets in the Town of Gait, for and during
the years 1901, 1902 and 1903;" that the said corporation,
on the sixth day of June, 1904, passed by-law numbered
763, "To provide for the issue of a debenture or deben-
turnes to the amount of fifty thousand dollars, and for
levying the necessary rates for the payment of the same,"
the said by-law numbered 763 having been on the 18th day of
May, 1904 submitted to the ratepayers entitled to vote
thereon in accordance with the provisions of The Con-
solidated Municipal Act, 1903, when out of 1,167 rate-
payers entitled to vote 446 voted for the said by-law and
218 against the said by-law; that all of the said by-laws
are set forth in full in Schedules "A," "B" and "C"
respectively to this Act; that owing to the greater cost
of construction arising from the rocky character of the soil
in many places, and to relieve the ratepayers at large from
the heavy annual payment that would fall on them it is
desirable to extend the payment of the debentures over
the term of forty years: and whereas it has been
made to appear that doubts have arisen as to the valid-
ity of said bv-laws numbered 689, as so amended,
746 and 763, and as to the authority of the said corporation
to pass the same and it is necessary and expedient and of
advantage to the said corporation that the said by-laws

should

588 1906. town of galt. Chap. 74.

should be ratified and confirmed; and whereas the said
corporation have prayed that an - Act may be passed rati-
fying and confirming the said by-laws and for other pur-
poses hereinafter set out; and whereas no objection has
been offered to the said petition ; and whereas it is expedi-
ent to grant the prayer of the said petition ;

Therefore His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

S9?746 and 763. 1- By-law number 689, as amended by by-law num-
G£jtheJ°wn oi ber 825, and by-laws numbers 746 and 763 of the
firmed. Corporation of the Town of Gait, which are fully
set forth in the Schedules "A," "B" and "C" to this
Act, are hereby confirmed and declared legal and valid
to all intents and purposes and the debentures issued or
to be issued under the said respective by-laws shall be,
and the same are hereby declared to be valid, legal and
binding upon the Corporation of the Town of Gait and the
ratepayers thereof notwithstanding any Act or law to the
contrary.

issue of deben- 2. It shall be lawful for the Corporation of the Town

tures for cost of « -i , » , ■ , , ■ , t ■» . n . „

sewers and| of Gait from time to time to pass by-laws providing for
the issue of debentures for such sum or sums as may be
necessary to pay for the cost of the construction of such
sewers and drains as have already been constructed or are
in course of construction or may hereafter be constructed
in the said town by the corporation thereof iu accordance
with the provisions of By-law No. 689 as so amended.
The debentures issued under any such by-law may be guar-
anteed by the municipality at large.

3. Debentures may be issued under this Act and such
by-laws payable in forty years after the issue thereof
or by annual instalments during the period of forty
years, or such shorter period as may be deemed expedi-
ent and as may be provided by any such by-law. It shall
not be necessary to obtain the assent of the electors of the
said town of Gait to the passing of any by-law which shall
be passed under the provisions of this Act, and any pro-
visions of The Consolidated Municipal Act, 1903, which
shall or may be inconsistent with the provisions of this
Act shall not apply to any by-law or by-laws passed under
or by virtue hereof and any irregularities in the form of
said debentures or any of them or any by-law or by-laws
authorizing the issue thereof shall not render the same
invalid or illegal or be allowed as a defence to any action
against the corporation for the recovery of the amount of
said debentures and interest or any or either of them <^r any
part thereof, and the purchasers or holders of any such de-
bentures shall not be bound to inquire as to the necessity of

passing

lands liable.

Term of
debentures.

Assent of
electors not
necessary.

Chap. 74. town of galt. 6 Edw. VII. 589

passing such by-laws or issuing such debentures or as to
the application of the proceeds thereof, but the same shall
in the hands of any purchaser or purchasers be valid and
binding upon the Corporation of the Town of Gait.

4. In case any strip of land or reservation be made along J^des^^™!
any street or lane upon which sewers or drains have been streets anatiots
or shall hereafter be constructed in the said Town of be^sessedfor
Gait and the lands separated from such street or lane j£enVmpr°ve
by such strip or reservation would but for such strip or
reservation be liable to assessment for the cost of such

sewers or drains under the provisions of the hereinbefore
mentioned by-laws or any by-law which may be passed
under or by virtue of the provisions of this Act, then such
lands shall be liable to assessment for the cost of such
sewers or drains in the same manner and to the same
extent as if the same abutted or fronted upon such street
or lane subject to the provisions hereinafter contained.

5. In case any portion of such strip or reservation liable where lands in
to assessment for such sewers or drains and the lands adjo^n1ng?otsd
adjoining such strip or reservation and fronting thereon are assessed in
and separated thereby from the street or lane are assessed same owner,
in the name of the same owner the frontage rate shall be
assessed and levied as if such portion of the said strip

or reservation and the lands fronting thereon were one
lot or parcel of land fronting on the street or lane.

6. In case any portion of such strip or reservation and where lands in
the lot or parcel of land fronting thereon are assessed ad^nlng k?t"d
in the name of different owners the assessment and front- Sf5 ^i?!fLin

' _ * _ I In.' UclIIltrS ill

age rate to be levied thereon shall be apportioned between different
such portion of the strip or reservation and the lot or par-
cel of land fronting thereon ' according to the benefit
respectivelv derived by such portion of the strip or reser-
vation and such lot or parcel of land from the improve-
ments, work or service for which the assessment is made,
such apportionment to be made bv the council of the
corporation.

7. The owner or occupant of any lot or parcel of land ^^g°^^'eT
separated from any street or lane bv any such strip or to lay pipes,
reservation and made liable to taxation under the preced- uoc. 1
ing sections of this Act, may, from time to time for the
purpose of connecting such lot or parcel of land or any

sewer or drain therefrom with any sewer or drain laid by
the Corporation of the Town of Gait in any such street
or lane or for the purpose of maintaining or repairing
any such sewer, drain or connection entered upon the
intervening lands forming part of such strip or reserva-
tion and may pass through or over the same and may take
up and excavate the same and lay down all necessary

pip's

590 1906.

TOWN OF GALT.

Chap. 74.

pipes and drains therein, but such owner or occupant
shall do no unnecessary damage to the land in such strip
or reservation and shall, after laying any such pipe or
drain or making repairs, restore such land to its former
condition.

8. The council of the corporation may, by any by-law
passed under the provisions of this Act, provide an equit-
able method of assessing and levying taxes authorized
hereby upon corner lots, triangular or other irregular
shaped pieces of land at the intersections or junctions
of streets or lanes, having due regard to the situation
value and superficial area of such lots or pieces of land
as compared with adjoining lots or pieces of land liable
to taxation for such sewers or drains and may assume
any allowance made as part of the municipality's share
of the cost of the works.

Any such special assessment or allowance shall be sub-
ject to appeal to the Countv Revision and to the County
Judge in the same manner as a Local Improvement Assess-
ment under The Consolidated Municipal Act, 1903.

SCHEDULE "A."

By-law Number 689 of the Corporation of the Town of Gai/t.

Respecting sewers and frontage assessment for sewers, and to
regulate the mode of payment for sewers and other matters
in connection with sewers.

Whereas it is desirable to provide a uniform frontage tax
throughout the town for the construction of sewers, and to pro-
ride for and fix the town's share for the payment of sewers, and
to provide an equitable mode of assessing corner lots.

Be it therefore, and it is hereby enacted by the corporation of
the Town of Gait, by the municipal council thereof duly convened
and assembled, as follows:

1. That from and after the passing of this By-law it shall and
may be lawful for the municipal council of the corporation or the
Board of Public Works of the said council to construct, make, lay
or prolong common sewers in such streets, lanes or highways in
the said Town of Gait, and through private property in said town
as may be necessary and expedient, either by petition or on sani-
tary grounds, or on the initiative method, as authorized and pro-
vided for in the clauses from time to time in force in the Municipal
Act relating to local improvements and relating to sewers con-
structed as local improvements.

2. All private sewers shall be constructed so as to communicate
with the said common sewers, and shall be of such arrangement,
form and material as the rules and regulations from time to time
in force in the Town of Gait may prescribe, and no person, firm
or corporation shall make any openings to uncover any public
sewer or house sewer or make any connection therewith unless by
permission of the town engineer or town foreman or the Board of
Public Works or other official or officials duly authorized by the
municipal council, and it shall be the duty of any person or per-
sons who may construct any drain or sewer while excavating to
securely protect the opening or openings.

Chap. 74.

TOWN OF GALT.

6 Edw. VII.

3. No open gutter, cess pool, privy vault, cellar, underground
drain or exhaust pipe from any steam engine shall be connected

with any sewer.

4. Storm water and rain water shall be carried off in a separate

drain or sewer, which separate drain or sewer shall be constructed
when necessary and expedient at the same time as the common
sewers.

5. No person, firm or corporation, shall injure, break, or remove •
any portion of the sewer system or its appurtenances, or throw
or deposit or cause to be thrown or deposited in any sewer open-
ing or receptacle connected with the sewer system any garbage,
offal, dead cats or any kind of dead animals, vegetable parings,
ashes, cinders, rags or any other matter or thing, except fseces,
urine, the necessary water closet paper, liquid house slops and roof
water.

6. The town engineer, town foreman or Board of Public Works
or other official or officials, duly authorized by the municipal
council shall have the power to stop and prevent from discharging
into the sewer system any private sewer or drain through which
substances are discharged, which are liable to injure the sewers or
obstruct the flow of the sewage.

7. The rules set forth in Schedule "A" shall be in full force and
govern the construction of house sewers and drains, subject to
•Iterations from time to time by the municipal council.

8. The plan of the Town of Gait showing a proposed sewerage
system, prepared by Willis Chipman, C. E., dated 1895, shall be
followed and adopted in the making and constructing of- sewers
in the Town of Gait, and the said plan is hereby incorporated in
this By-law.

9. Every owner of property on each side of a street, lane or public
highway, in front of which a sewer is constructed, shall pay a
uniform frontage tax of seventy cents per running foot on any
street, lane or highway, where a common sewe:- is constructed.
Such amount shall be paid in twenty equal annual instalments,
and the said instalments shall be payable at the same time as
ordinary taxes are payable in said town, but the frontage tax may
be paid in one amount on the completion of any sewer at the
option of the person or persons interested, but the cost of making
and constructing any sewer or sewers over and above seventy cents
per running foot for each frontage on each side of a street, lane
or public highway shall be paid by the corporation at large.

10. Any person or persons desirous of connecting his or their
premises with any common sewer or of connecting it with any
sewer for which the property has not been assessed, shall be
assessed the same fixed frontage tax as if the sewer were constructed
in front of said property, and payments shall be made at the same
time and in the same manner and for a like number of years as
the payments along the sewer constructed.

11. Any property thus assessed for the privileges of connecting
with any sewer shall be exempt from any assessment for any sewer
constructed or made on the street in front of such property.

12. The payments aforesaid shall be put on the collector's roll
and collected with the other town taxes against the respective
properties.

13. That corner lots shall be assessed for sewers constructed as
local improvements in the following manner :

(a) Every corner lot shall be entitled to the exemption of one-
half the total frontage on the two streets, not exceeding one
hundred feet total exemption, except as hereinafter mentioned in
clauses b and c.

(b) In cases where corner lots are built upon more than one side
of the lot, each separate owner or tenement shall pay a frontage
assessment, whether such tenement shall be on the front or side

1906.

TOWN OF GALT.

Chap. 74.

of the lot, but no such tenement shall pay for more than one
street frontage.

(c) If a corner lot is a triangular or irregular shaped piece of
land, or otherwise so situated as to make portions of the same
unfit for building purposes, such allowance shall be made, having
due regard to the situation, value and superficial area of such lot
as compared with the adjoining lots or pieces of land as the town
engineer or town foreman, or the Board of Public Works or other
official or officials duly authorized by the municipal council may
deem just and equitable.

14. That the cost of any common sewer in excess of the total
amount assessed on abutting properties shall be borne by the town.
Passed the 8th day of July, A. D. 1901.

(Sgd.) Thos. Vair,

Mayor.
(Sgd.) J. McCartney,

Town Clerk.

(Seal).

By -law Number 825, of the Corporation or the Town op Galt.

To amend By-law Number 689 of said Corporation.

Whereas it is desirable to amend By-law 689 of the Corporation
of the .Town of Gait;

Be it therefore enacted, and it is hereby enacted, by the Corpora-
tion of the Town of Gait, by the municipal council thereof, duly
convened and assembled, as follows :

1. By-law number 689 of the said corporation shall be amended as
follows :

Section 9 of said by-law is hereby repealed and the following sub-
stituted therefor :

9. Every owner of property on each side of a street, lane or public
highway, in front of which a sewer is constructed, shall pay an an-
nual uniform rate of five cents per running foot frontage on such
street, lane or highway in each year during the currency of the de-
bentures issued to pay for the cost of constructing the sewer, not
exceeding forty years, and such rate shall be payable at the same
time as ordinary taxes are payable in said town. On the comple-
tion of any sewer the annual rate may be commuted at the option
of any owner, by the payment by such owner of such a capital
amount as would, if invested at the rate of interest which the de-
bentures bear, produce a sufficient sum to discharge the annual rate
of five cents on the frontage of such property of such owner during
the currency of the debentures.

The cost of making and constructing any sewer over and above
the capital amount which would be payable by all the owners of pro-
perty on each side of the street, lane or public highway in front of
which such sewer is constructed, if commuted on the above prin-
ciple, shall be paid by the corporation at large.

2. Subsection (c) of section 13 shall hereafter be known as "13a,"
and shall be amended by striking out the word "corner" in the first
line thereof.

Passed this twenty-second day of March, A.D. 1906.

((Signed) Adam Thomson,

Mayor.

(Seal.)

(Signed) Joseph McCartney,

Town Clerk.

SCHEDULE

Chap. 74.

TOWN OF GALT.

6 Edw. VII.

SCHEDULE "B."

By-law Number 746

To provide for Borrowing Money by the Issue of Debentures,
secured by local special rates, for the construction of Sewers,
on certain streets in the Town of Gait, for and during the
years 1901, 1902 and 1903.

(Passed Nov. 23, 1903).

Whereas, various petitions have been sent in to the council of
the corporation of the Town of Gait, to have sewers laid during
the years 1901, 1902, 1903, upon the streets and within the limits
shewn in the Schedule 'A" annexed to this By-law;

And whereas, in accordance with such petitions and recommenda-
tions sewers were constructed upon the various streets, or portions
of streets, and within the various limits as hereinafter mentioned ;

And whereas the streets, or portions of streets upon which said
sewers were so constructed, and the extent and limits thereof, are
fully shown and set forth in the Schedule "A" annexed hereto;
and also the total cost of all sewers so laid or constructed, the pro-
portion thereof to be borne by the said corporation generally, as
local improvements, and the proportion thereof which the rate-
payers have to pay according to the frontage tax system ;

And whereas the value of the whole real property rateable under
this By-law according to the last revised assessment roll, is the
sum of $107,450.00;

And whereas the total cost of all such sewers is the sum of
$10,971.52, which is the debt to be created by this By-law;

And whereas it will require the sum of $438.86 to be raised
annually for a period of twenty years, the currency of the deben-
tures to be issued under and by virtue of this By-law, to pay the
interest of said debt, and the sum of $408.31 to be raised annually
during the said period for the payment of the debt to be created
by this By-law, such sum of $408.31 being sufficient, with the
estimated interest on the investment thereof, to discharge the said
debt when the same becomes payable, making in all the sum of
$847.17 to be raised annually as aforesaid;

And whereas the number of feet of frontage of the assessable
real property on each of the aforesaid street or portions of streets
within the limits shown in the schedules hereto is, as shown in the
ninth column of the said schedules opposite each such piece of sewer,
and the frontage as therein shown is immediately, directly, equally
and specially benefited by the construction of the said sewers res-
pectively, and whereas it will be necessary to charge upon each
foot of the said frontage an annual special rate sufficient to pay
the interest and to create an annual sinking fund for paying the
said principal debt of $10,971.52 within twenty years according
to law, which said debt is created on the security of the special
rate settled by this By-law and on that security only ;

And whereas it is expedient to raise the said sum of $10,971.52
by debentures of the corporation of the Town of Gait ;

Therefore the municipal council of the corporation of the Town
of Gait enacts as follows :

1. During twenty years the currency of the debentures to be
issued under the authority of this By-law, the sum of $438.86 shall
be raised annually for the payment of interest on said debentures,
and also the sum of $408.31 shall be raised annually for the pay-
ment of the debt, making in all the sum of $847.17 to be raised
annually as aforesaid.

2. A special rate, as shown in the tenth column of the said
schedules, opposite each respective sewer is hereby imposed on each
foot frontage of all the real property fronting or abutting upon
38 S. each

1906.

TOWN OF GALT.

Chap. 74.

each of the several streets or portions of streets set forth in the
said schedules, over and above all other rates and taxes, which
special rate shall, with that part of the cost of said sewers borne
by the corporation, as set out in the seventh column of the said
schedules, be sufficient to produce in each year the sum of $847.17,
and shall in each year for the next succeeding twenty years, be
inserted on the collector's roll of the Town of Gait for the wards
in -which the said sewers are respectively situate, as shown in the
tifth column of the said schedule respectively, and shall be payable
to and collected by the said collector in the same way as other
rates on the said roll.

4. The sum of $10,971.52 shall be raised by loan by this corpora-
ation on the security of the special rate hereby imposed, and on
that security only, and the said sum shall be laid out and expended
in paying off and discharging the temporary loans heretofore
obtained for the construction of said sewers, and in no other way
and for no other purpose whatever ; and debentures amounting to
the said sum shall be issued by the said corporation therefor ; such
debentures shall contain a reference by date and number to the
By-law or By-laws under which they are issued, and on their face
shall bear the words "Local Improvement Debenture" and payment
of the said debentures is guaranteed by the corporation of the
Town of Gait at large.

5. The said debentures shall be issued in currency, and shall be
made payable at the Merchants' Bank of Canada in Gait, or at
the town treasurer's office in Gait, on the 23rd day of Nov.
A. D. 1923, and such debentures shall be issued and dated the
23 day of Nov. A.D. 1903, and shall have coupons attached to them
for the payment of the interest thereon.

6. The said debentures shall bear interest at the rate of 4 per
centum per annum from the date of the same, which interest shall
be payable half yearly, on the 23rd days of May & Nov. of each
year, at the Merchants' Bank of Canada in Gait, or at the town
treasurer's office in Gait.

7. If at any time any of the owners of any of the properties in the
said schedules mentioned, or of any part thereof, shall desire to com-
mute the assessment imposed by this By-law by the payment of his,
her or their proportionate share or shares of the cost thereof as a
principal sum in lieu thereof, he, she or they may so commute by the
payment of a sum based on the amount for which one hundred dollars
es first cost may be commuted at any time during 20 years,
as shown in the "Table of Commutation Values" annexed to this
By-law.

8. All moneys arising out of the said annual special rate, and
all moneys received in commutation thereof under the preceding
section of this By-law, shall be invested by the town treasurer
under resolution of this council from time to time as the law directs.

9. The debentures to be issued hereunder shall contain a pro-
vision in the following words: "This debenture, or any interest
therein, shall not, after a certificate of ownership has been en-
dorsed thereon by the treasurer of this municipal corporation, be
transferable except by entry by the treasurer or his deputy in the
Debenture Registry Book of the said corporation of the Town of
Gait."

10. The amount of debentures authorized to be issued under this
By-law is subject to consolidation by including the same in a col-
lective or cumulative By-law to be hereafter passed, consolidating
the same with other amounts authorized or to be authorized by
other local improvement By-laws, and under which consolidating
By-law the required debenture to provide for the amounts to be
raised under this and said other individual By-laws shall be issued
in a consecutive issue, as shall in said consolidating By-law be
more particularly enacted in that behalf.

38a s. 11.

Chap. 74.

TOWN OF GALT.

6 EDW. VII.

11. That this By-law shall come into operation and take effect
on the 23rd day of November, A. D. 1903.

Passed, signed and sealed in open council this 23rd day of
November, A. D. 1903

(Sgd.) Hugh Cant,

Mayor.

(Sgd.) J. McCartney,
(Seal). Town Clerk.

Council Chamber, Gait, Nov. 23, A.D. 1903.

Table of Commutation Values.

Amount for which $100.00 may be commuted at any time during

20 years.

Commuting.

Year. Value.

First cost $100 00

During First yeai 104 00

Second year 100 50

Third year 96 88

" Fourth year 93 10

'' Fifth year •. 89 20

Sixth year 85 10

" Seventh year 80 85

Eighth year 76 43

" Ninth year ... 71 84

" Tenth year 67 05

" Eleventh year 62 08

Twelfth year 56 91

" Thirteenth year 51 54

" Fourteenth year 45 94

Fifteenth year 40 13

" Sixteenth year 34 08

" Seventeenth year 27 79

" Eighteenth year 21 24

" Nineteenth ye?r 14' 44

" Twentieth year 7 36

Note.— Other sums than $100.00 as first cost may be commuted
at proportionate values.

SCHEDULE

596

1906.

TOWN OF GALT.

Chap. 74.

a
o

« g

£ -°

p b
'. o

t- CI

1-1

cS
>>

M
G

5
w

o S
O 03

a O e8

'ri
H

° §s
Si a

B-^> 2

03 c3 -B

« S 8

fe °! £

o .G a>

o &

o
H

a!
-B

is
o

o
"So

3 *a ^

£ £ Q

-G

•joqranj^

SCHEDULE

Chap. 74.

TOWN OF GALT.

6 Edw. VII.

SCHEDULE "C."
By-law No. 763 of the Corporation of the Town of Galt.

To provide for the issue of a Debenture or Debentures to the
amount of Fifty thousand dollars, and for levying the neces-
sary rates for the payment of the same.

Whereas it is necessary to raise the sum of $50,000 for the con-
struction of trunk sewers on West Main street and North and
South Water streets in the Town of Gait, and the construction of
septic tanks and the necessary disposal works ;

The said sum of $50,000 to be payable in 20 years from the
date on which the debenture or debentures are directed to be issued
by this By-law ;

And whereas to carry into effect the said recited object, it will
be necessary to raise the said sum of $50,000 by way of loan in the
way and manner hereinafter set forth and specified;

And whereas it will require th» sum of three thousand eight
hundred and sixty dollars and seventy-eight cents to be raised
annually by special rate for the payment of the said loan or debt
and interest as is also hereinafter mentioned ;

And whereas the amount of the whole rateable property in the
municipality of the Town of Gait, according to the last revised
assessment roll of the said Town of Gait, being for the year 1904,
is three million, twenty thousand four hundred and twenty dollars ;

And whereas it will require the sum of $2,000 to be raised
annually for the payment of the said interest, and the further sum
of $1,860.78 to be raised annually as a sinking fund for the pay-
ment of the said debt or loan of fifty thousand dollars;

And whereas the amount of the existing debenture debt of the
Town of Gait is $263,924.96, and no part of the interest or of the
principal is in arrears;

Be it therefore and it is hereby enacted by the corporation of
the Town of Gait, by the municipal council thereof duly convened
and assembled, as follows :

1. That it shall be lawful for the mayor of the corporation of the
Town of Gait to raise by way of loan from any person or persons,
body or bodies corporate, who may be willing to advance the same
upon the credit of the debenture or debentures mentioned herein,
a sum of money not exceeding the sum of $50,000 (unless of course
the said debenture or debentures can be disposed of at a premium),
and to pay or cause the same to be paid into the hands of the
treasurer of the said Town of Gait for the purposes and with the
above recited objects.

2. That it shall be lawful for the said mayor and he is hereby au-
thorized to cause a debenture or a number of debentures to the extent
of $50,000, to be made for such sums of money as may be required,
but such debenture or debentures shall not be less than $500.00
each, and they shall be sealed with the seal of the said corporation
and be signed by the mayor and countersigned by the treasurer
thereof.

3. The said debenture or debentures shall be issued in currency
and shall be made payable in the Dominion of Canada on the sixth
day of June, A. D. 1924, and such debenture or debentures shall
be issued and dated as of the sixth day of June, A. D. 1904, the
day on which this By-law takes effect, and shall have coupons
attached to them for the payment of the interest thereon.

4. The said debenture or debentures will bear interest at the
rate of 4 per centum per annum from the date of the same,

which

598

1906.

TOWN OF GALT.

Chap. 74.

which interest shall be payable half yearly on the sixth days of
June and December in each year, at the Merchants' Bank of
Canada, or at the .town treasurer's office in Gait.

5. That for the purpose of forming a fund for the payment of
the said debenture or debentures and interest thereon at the rate
aforesaid, the specific sums, namely, the sum of $1,860.78 for sink-
ing fund, and the sum of $2,000.00 for the interest in each year
shall in addition to all other rates be assessed, levied, raised and
collected in each and every year by a special rate sufficient there-
for, upon all the rateable property within the limits of the Town
of Gait during the continuance of the said debenture or debentures
or any of them.

5a. That the owners as defined in the Municipal Act having
property fronting or abutting on North and South Water streets
and West Main street opposite the trunk sewers proposed to be
constructed, shall pay the sum of 70 cents per running foot for
each frontage on each side of said streets for and during the
period of 20 years as mentioned in By-law No. 689.

6. And it is further enacted by the said corporation of the Town
of Gait by the municipal council thereof, that the votes of the
duly qualified electors of the corporation shall be taken on this
By-law at the times and places and by the deputy returning officers
hereinafter specified, that is to say : On Wednesday, the 18th day
of May, A. D. 1904, (being not more than five weeks nor less than
three weeks after the date of the first publication thereof), com-
mencing at the hour of 9 o'clock in the forenoon, and closing at
the hour of 5 o'clock in the afternoon of the same day.

Ward No. 1, at Axe Factory office, with Wm. Lapsley, Deputy
Returning Officer.

Ward No. 2, at Town Hall, with Wm. Colvin, Deputy Return-
ing Officer.

Ward No. 3, at Scott & Hogg's office, with Jno. McFeiggan, Dep-
uty Returning Officer.

Ward No. 4, at Agriculture Hall, with Wm. Blythe, Deputy
Returning Officer.

Ward No. 5, at Moore's Egg Depot, with Peter Henderson, Dep-
uty Returning Officer.

7. That the clerk of the said corporation of the Town of Gait
shall sum up the number of votes given for and against this By-
law on Thursday, the 19th day of May, A. D. 1904, at the hour
of 12 o'clock noon, at the clerk's office, in the Town of Gait.

8. That on Wednesday, the 11th day of May, A. D. 1904, at 10
o'clock a. m.. at the clerk's office in the Town of Gait, the mayor
shall appoint in writing, signed by himself, two persons to attend
at the final summing up of the votes by the said clerk, and one
person to attend at each polling place on behalf of the persons
interested in and desirous of promoting the passing of this By-law,
and a like number in behalf of the persons interested in and desir-
ous of opposing the passing of this By-law.

9. This By-law is passed for the purpose of paying for trunk
sewers on West Main street and North and South Water streets,
and the construction of septic tanks and the necessary disposal
works ; all other sewers to be constructed on petition or on the
initiative or on sanitary grounds as the case may be.

10. This By-law shall take effect and come into operation on the
sixth day of June, A. D. 1904, such date being in the same financial
year in which the By-law will be passed.

(Sgd.) Mark Mundy,
Mayor of the Corporation of the Town of Gait.
(Sgd.) J. McCartney,
(Seal). Clerk of the Corporation of the Town of Gait.

Gait, June 6th, 1904.

CHAPTER

1906 CITY OF KINGSTON. Chap. 75 599

CHAPTER 75.

An Act respecting the City of King-ston.

Assented to 14th May, 1906.

WHEREAS the Municipal Corporation of the City of Preamble.
Kingston has by its petition represented that the
interests of the said corporation would be better served by
a council composed of aldermen elected for a term of three
years instead of for a term of one year as at present; and
whereas the said corporation has by its said petition prayed
that an Act be passed providing that beginning with the
year 1907 the aldermen who obtain the highest number of
votes in each ward in the City of Kingston at the municipal
elections held in that year, shall hold office for three years,
and that the aldermen who obtain the next highest number
of votes in each ward shall hold office for two years, and that
the aldermen who obtain the third highest number of votes
in each ward shall hold office for one year, and that there-
after one alderman be elected for each ward annually to hold
office for three years ; and whereas it is expedient to grant
the prayer of the said petition :

Therefore His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of Ontario,
enacts as follows :

1. Beginning with the year 1907, the aldermen of the Term of office
municipal corporation of the City of Kingston who obtain o£ aldermen,
the highest number of votes in each ward at the municipal
elections, held in that year, shall hold office for three years
and the aldermen who obtain the next highest number of
votes in each ward shall hold office for two years and the
aldermen who obtain the third highest number of votes in
each ward shall hold office for one year, and thereafter one
alderman shall be elected for each ward annually to hold
office for three years: any provisions of The Consolidated 3Edw yn
Municipal Act, 1903, or any other Act or Acts contrary toe. 19.
or inconsistent with the foregoing shall not apply to the
said municipal corporation of the City of Kingston.

CHAPTER

600

Chap. 76.

CITY OF LONDON.

6 Edw. YII

CHAPTEE 76.

An Act respecting" the City of London.

Assented to 27th April, 1906.

preamble. Y^HEREAS the Corporation of the City of London has
T T by petition represented that the Council of the said
Corporation, on the twenty-ninth day of December, A.D.
1905, passed certain by-laws, numbered 2,690, 2,691, and
2,692, to levy the cost of the construction of certain local
improvements, and for the issue of debentures therefor;
that the said Council did on the twenty-ninth day of Decem-
ber, A.D. 1905, pass a by-law numbered 2,693 to consolidate
the several issues of debentures mentioned in the said first
mentioned by-laws; that the said Council did on the fifth
day of June, A.D. 1905, pass a by-law numbered 2,625, to
provide for the construction of a bitulithic pavement with
cement curb and gutter on Richmond Street between Fuller-
ton Street and Oxford Street, in the said City of London ;
that the whole of the moneys borrowed by the Corporation of
the City of London, under by-law numbered 2,492, passed
on the sixteenth day of January, A.D. 1905, for the purpose
of erecting a breakwater in London West, have been
expended, and an over-draft has been occasioned in the
erection of the said breakwater, and that it will be necessary
to issue debentures for a further sum not exceeding six
thousand dollars to complete the erection of the said break-
water in London West, and the work incidental thereto ;
and whereas the said Corporation has further represented
that the said by-laws numbered 2,690, 2,691, 2,692 and
2,693 should be confirmed in order that the debentures
issued thereunder may be more readily and profitably dis-
posed of, and that the other by-law should also be con-
firmed; and has further represented that its debenture debt
should be consolidated, and that its local improvement
debentures, having been issued upon a ten-year basis, cause
an unduly heavy annual charge upon the general tax rate
of the City for the proportion of such works, to be paid for
out of the general funds of the city, and as- the lifetime of
the average local improvement is fully twenty years, it is

desirable

1906. CITT OF LONDON. Chap. 76 601

desirable that this burden should be distributed over a
longer period, and in order to relieve such burden, it is
expedient that the said Corporation be authorized to issue
new debentures for a period of ten years, payable in equal
consecutive annual instalments for the city's portion of the
said charges, payable each year for principal, which shall
mature in respect of the local improvement debentures
already issued, and of such further local improvement
debentures, as may from time to time hereafter be issued ;
and whereas the debenture debt of the Corporation of the
City of London, exclusive of local improvement debentures,
and special issues of debentures issued on account of public
schools, high schools, and public library, amounts to the sum
of $2,489,000, maturing as follows: —
Year.

1906 $180,000.00

1908 60,000.00

1910 68,000.00

1911 77,000.00

1913 175.000.00

1916 250,000.00

1917 115,000.00

1921 335,000.00

1922 60.000.00

1923 110,000.00

1924 185,000.00

1925 65,000.00

1926 185,000.00

1927 105,000.00

1928 111,000.00

1929 55,000.00

1932 ■ 34.000.00

1933 50,000.00

1935 9,000.00

1936 260,000.00

$2,489,000.00

and whereas the value of the whole rateable property of
the said corporation, according to the last revised assess-
ment roll is $21,241,887 ; and whereas the said muni-
cipal council has, by its said petition, prayed for the pass-
ing of an Act for the purposes aforesaid, and that provisions
be made as to the limit of the borrowing power of the said
corporation ; and whereas it is expedient to grant the prayer
of the said petition;

Therefore His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of Ontario,
enacts as follows :

1 . The by-laws of the Corporation of the City of London, Bv-laws speci-
specified in Schedule "A" hereto, and all debentures issued Sv'SSnffi
or to be issued thereunder, and all assessments made or to be

made

602 Chap. 76.

CITY OF LONDON.

6 EDW. VII

made, for the payment thereof, are confirmed, and declared
to be legal, valid and binding.

led\nWscSie 2. The by-law of the Corporation of the City of London
"B" confirmed, specified in Schedule "B" hereto, is confirmed, and declared
to be legal, valid and binding.

Application of 3. The Corporation of the City of London may apply the
ceeds of deben- surplus proceeds of the debentures of the said corporation,
unler By-law issued under by-law numbered 1,093, passed on the twenty-
No. 1093. fi^t (jay 0f November, 1898, in reduction of the overdraft of
the said Corporation, occasioned by the amount expended in
the erection of the breakwater in London West.

borrow$6 ooo ^' Notwithstanding the provisions of any Act or law, the
for completion Corporation of the City of London may borrow for any

of breakwater ■ j ■ j • j.t_ • i. i. j. j-

in London west period not exceeding thirty years, sucn sum not exceeding
$6,000 as to the council thereof may seem meet for the pur-
pose of completing the erection of the said breakwater in
London West, and the work incidental thereto.

Assent of eiec- 5. It shall not be necessary that the by-law for the pur-
ed^By-faw"1" poses mentioned in the next preceding section hereof, shall
provlsfons^f0^ ^e submitted to, or receive the assent of the ratepayers of
Edw.vn., c. 19. the City of London, but all the other provisions of The
Consolidated Municipal Act, 1903, which are applicable,
and which are not inconsistent with the provisions of this
Act, shall apply to such by-law, and the debentures issued
for the purposes mentioned in section four hereof, may bear
such rate of interest, not exceeding five per cent, per
annum, as the Council of the Corporation of the said City
may determine.

consolidation 6. The Corporation of the City of London may borrow

of debenture j> it. • • j i , i i j n •

debts and issue ±or tne purpose oi paying its debenture debt mentioned m
auUior6izedres the preamble of this Act and consolidating its said debt a

sum not exceeding $2,300,000, and may issue debentures

therefor.

App cation of 7. The proceeds of such loan shall be applied for the pur-
debentures. Pose of the redemption and payment of the said debentures
mentioned in the preamble of this Act, and the said Cor-
poration may make such arrangements with the holders
thereof or any of them for paying off the same at maturity
or in advance of the respective times fixed for payment
thereof, on such terms and conditions as may be agreed on.

Retiremen 8. The said Corporation may also buy in the said dehen-
debentures? tures or may agree with the holders of them or anv of them
whether the time fixed for payment of them shall have
arrived or not for the substitution for them or any of them

1906. city of london. Chap. 76 603

of debentures to be issued under tke authority of this Act
at such price and on such terms and conditions as may be
deemed best.

9. All charges and expenses of and incidental to the pay- p^™|"j °^ ex>
ment or redemption of the debentures mentioned in the pre- demption of
amble to this Act may be paid out of the proceeds of the debentures!1
said loan.

10. The debentures to be issued under the authority of ^,er^s ho^de-
this Act shall be known as "City of London New General si|n^f^ and
Consolidated Loan Debentures," and may be made payable

in Canada or Great Britain, the United States of America
or elsewhere, and in any currencj^, and shall be in sums of
not loss than $ 100 Canadian currency or £20 sterling money
of Great Britain.

11. The said debentures shall be made payable within Term of
forty years from the 1st day jf January last (1906).

12. Coupons may be attached to the said debentures for coupons,
the payment of the interest thereon at such rate not exceed-
ing four per centum per annum as to the said Corporation

may seem meet, and the interest may be made payable
yearly or half-yearly.

13. The said Municipal Council shall levy in each year Amount to be
during the said period of forty years, the sum of $116,204, each ye^rfor
for the payment of the debt created by the issue of the said §|k™ent °f
debentures and the interest thereon instead of the sums

which would require to be raised for those purposes under
the provisions of The Consolidated Municipal Act, 1903,
and so much of the said sum as shall not be required to pay
the annual interest on the said debentures shall, subject to
the provisions of section 15 of this Act, form the sinking
fund for the redemption thereof.

14. The said Corporation may from time to time apply Application of
any part of the sinking fund which shall have been raised sinking lund'
for the payment of the whole issue of the said debentures by

this Act authorized to be issued under the foregoing pro-
visions hereof and the income arising from the investment
thereof, and any sum, for the time being, at the credit
thereof in paying off the principal of any of the said deben-
tures which shall become payable before the expiration of
the said period of forty years, when and as the same shall
become payable.

15. It shall not be necessary for the said Corporation to Lejy tomeet

it - J . n r , outstanding

raise or levy hereafter the rates or sums imposed or required debentures not
to be levied by the by-laws under the authority of which the p^!^^' o£
said outstanding debentures, or any of them, were issued, int'ereston.

and

604 Chap. 76.

CITY OF LONDON.

6 Edw. VII

Assent of rate
payers not re-

and any sum required to pay the annual interest on the said
outstanding debentures, may to the extent of |92,000 per
annum be paid out of the said sum of $116,204 and so much
of such annual interest as the said sum of $92,000 shall be
insufficient to pay, may be paid out of the proceeds of the
said loan.

16. It shall not be necessary that any by-law which shall

?awsepatssedy "for ^e Passed for the issue of any of the debentures, the issue of
issue of deben- which is authorized by the foregoing provisions of this Act,
shall be submitted for the approval of or receive the assent
of the ratepayers of the said City of London in accordance
3 Edw. 7, c. 19. with the provisions of The Consolidated Mtmicipal Act,
1903, and it shall be sufficient if any such by-law be in the
form in the Schedule "C" to this Act set forth, notwith-
standing the provisions of the said Act.

sinSng?und£ 17. The sinking fund held by the said Corporation for
mwnof'out-7 ^ne redemption of the debentures in the preamble of this
stendingdeben- j±ct mentioned may be used and applied in paying off, under
the provisions of this Act, any of the said debentures, and
not otherwise, and the securities in which the said sinking
fund may be invested may be sold and converted into money
in order that it may be so used and applied.

Irregularity in in at*' v •

vaudate' deben irregularity m the form of any of the debentures

tures. issued under the authority of this Act, or any by-law auth-

orizing the issue thereof, shall render the same invalid or
be allowed as a defence to any action against the said Cor-
poration for the recovery of the amount thereof or the inter-
est thereon or any part thereof.

Purchaser of

debentures not 19. The purchaser of any of the debentures which shall

1'iiiin*! to sc'O to

application of be issued under the authority of this Act shall not be bound
to see to the application of his purchase money, and any of
the said debentures, which shall purport to have been issued
under the authority of this Act, shall be conclusively pre-
sumed in favour of the purchaser thereof to have been so
issued.

Redemption of 20. Nothing in this Act contained shall be construed as
debentures to giving to the said Corporation any authority to pay off or
of holders ?sen ' redeem any of the debentures in the preamble to this Act

mentioned, before the maturity thereof, without the consent

of the holder thereof.

borrow^n t0 ^e sa*c^ Corporation may, if it shall deem it expedi-

seejrity of or ent so to do, from time to time borrow on the security of the
debentures.6 debentures by the foregoing provisions of this Act author-
ized to be issued, such sums as it may require for the pur-
pose of paying off or redeeming the debentures in the pre-
amble

1906. city of london. Chap. 76 605

amble to this Act mentioned or any of them, and may hypo-
thecate or pledge the said debentures, or any of them, as
security for the moneys so borrowed, when and with such
rate of interest as to the said Corporation shall seem meet.

22. The limit of the borrowing power of the said Corpor- Limit of bor-
ation shall, notwithstanding the provisions of any Act or ^it"8 powers
law to the contrary, be fourteen per centum of the assessed

value of the whole rateable property of the said City of Lon-
don, as shown by the last revised assessment roll for the
time being of the said City.

23. In calculating the amount of the indebtedness of the indebtedness
said Corporation for the purpose of ascertaining if the limit a^d^oc^Hn?8
of its borrowing power, as fixed by the next preceding sec- pr«vements
tion, has been reached, the net amount of its indebtedness reckoned as
for water- works purposes being the sum of $549,909.36, and j>nddee£eed;
any liability in respect of local improvement debentures, nessin fixing

. n -i ■■! • -i . * , „ such limit.

issued by the said corporation, except such portion thereof
as is payable by the said Corporation at large, shall not be
reckoned as part of such indebtedness, but shall be excluded
in computing the same.

24. The Corporation of the City of London may borrow issue of deben-
by the issue of debentures for any period not exceeding ten Jaty'sportfon
years, as to the Council thereof may seem meet, each year, of charges for

■ t i ' . ' . •> principal of

such sum as may be necessary to pay the City s portion of local improve-
the charges for principal, which shall mature in respect of mentdebts-
the local improvement debentures already issued, and of
such further local improvement debentures as may from
time to time hereafter be issued, and such debentures shall
be payable in equal consecutive annual instalments, and it
shall not be necessary that any by-law for the purposes in
this section mentioned shall be submitted to, or receive the
assent of the ratepayers of the said City, and such deben-
tures may bear such rate of interest not exceeding five per
cent, per annum as the Council of the Corporation of the
said City may from time to time determine, and it shall be
sufficient if any such by-law be in the form of Schedule "D"
to this Act set forth, notwithstanding the provisions of The
Consolidated Municipal Act, 1903.

25. The corporation shall not issue the remainder of the Balance of de-
two millions of debentures, authorized to be issued by The thori"edSby'Aot
City of London Debt Consolidation Act, 1891, which has °fe1i^uendotto
not yet been issued, such remainder being $370,000.

26. This Act may be known and cited as "The City «/Shorttitie
London Act, 1906."

SCHEDULE

606

Chap. 76.

CITY OF LONDON.

6 Edw. VII

Hi
P

Q
«i

3
CO

>»

o
Q

o
O

^3
CO

bl)
R

Rate.

ime .

yeai

o
1—1

"§

T3
3

"SI

-o

o "o

-4-H

(»

ad"

co~

<m"

det

■*

-f

1 — 1

g £

ad"

tM~

o S

i— i

-5

■B '■

"c3 lO

O CO

Cj rB

CJ (-

I? CO
*H CO

^5 £

o a
o

S CO

-si

CO '

CO 2
_g CO
CO

CO • «

r^J

a? a

(11 o w ■

O CO

.2 E*

o o

Ph CO

S R

s a

a 8

S O c<j

o o

I--5 ?

5 03 CO
§g CO o

pi3 CO 2 -w
.2 CM «
13 -S CO

CO CC H

WH.H I*

OCi « *

co co -g co

CD ■

> CO

co^? ^-r

CO oa CO o
* p C " rri

o
EH

C73

i— *
OS

CO
C73

}0 -ojs[

CO
CM

CD
CM

SCHEDULE

1906.

CITY OF LONDON.

Chap. 76

SCHEDULE B.

By-law No. 2625.

Providing for the construction of a bitulithic pavement, with
cement kerb and gutter, on Richmond Street between Fullar-
ton and Oxford Streets.

SCHEDULE C.

{Section 16).

Form of By-law.

By-law to authorize the issue of $ debentures under the

authority of The City of London Act, 1906, and to impose rates
for th9 payment thereof.

Whereas it is necessary to raise a loan of $ for the

purpose of paying off and redeeming the outstanding debentures
of the corporation of the City of London, under the provisions of
The City of London Act, 1906 :,

Be it, therefore, enacted by the municipal council of the cor-
poration of the City of London :

1. The mayor and treasurer are hereby authorized and directed
to borrow, on the credit of the said corporation, under the auth-
ority of the said Act, and for the purposes hereinbefore mentioned,
the sum of $ , and to issue the debentures of the said
corporation for such purpose to tho amount aforesaid.

2. The said debentures shall be payable in manner following,
that is to say :

and at (place of payment).

3. The said debentures shall bear interest at the rate of

per centum per annum, payable half-yearly, on the 1st days of
January and July in each year during the currency thereof, and
shall have coupons attached for the payment of the interest.

4. The said debentures shall be drawn in sums of not less than
$100 Canadian currency, or £20 sterling money of Great Britain,
and may be made payable in Canadian currency, sterling money
of Great Britain, or any other currency.

5. For the purpose of paying the interest of the said deben-
tures, and providing a sinking fund for the payment of tbe prin-
cipal thereof, the said municipal council shall, in each year during
the currency of the said debentures or any of them, levy upon the
rateable property of the said city the sum of $116,204, or a sum
bearing the same proportion to the sum to be borrowed under the
by-law as $116,204, bears to $2,300,000.

6. The proceeds of the loan hereby authorized to be effected and
of the debentures hereby authorized to be issued shall be applied
for the purposes mentioned in the said Act, and for no other pur-
pose whatever.

Passed in open council this day of

A.D. 19 .

Clerk.
Mayor.

(L.S.)

SCHEDULE

608

Chap. 76.

CITY OF LONDON.

6 Edw. VII

SCHEDULE D.

(Section 24).

Form of By-law.

By-law to authorize the issue of $ debentures under

the authority of section 24 of The City of London Act, 1906,
and to impose rates for the payment thereof.

Whereas it is expedient, under the provisions of section 24 of
The City of London Act, 1906, to raise a loan of $ for
the purpose of paying off and redeeming the city's portion of the
charges for principal, which mature this year, in respect of the
local improvement debentures issued by the corporation of the City
of London ;

Be it, therefore, enacted by the municipal council of the cor-
poration of the City of London :

1. The mayor and treasurer are hereby authorized to borrow, on
the credit of the said corporation, under the authority of the said
section of the said Act, and for the purposes hereinbefore men-
tioned, the sum of $ , and to issue the debentures of
the said corporation for such purpose to the amount aforesaid.

2. The said debentures shall be payable in manner following,
that is to say, within ten years from the 30th day of December of
the current year, with interest at the rate of per cent, per
annum, that is to say, the interest shall be added to the principal,
and the principal and interest combined shall be " payable in ten
equal consecutive annual instalments . of $ each, and such
debentures shall be payable at (place of payment).

3. The said debentures shall be drawn in sums of not less than
$100 Canadian currency, or £20 sterling money of Great Britain,
and may be made payable in Canadian currency, sterling money
of Great Britain, or any other currency.

4. For the purpose of paying the said sum of $ , and
for covering interest thereon for ten years at the rate of per
cent, per annum, as hereinbefore provided, a special rate on the
dollar, sufficient to produce the required yearly amount therefor,
shall, over and above all other rates, be levied and collected upon
the whole of the rateable property in the said City of London in
each year for ten years from the said 30th day of December, during
which the said debentures have to run.

5. The proceeds of the loan hereby authorized to be effected and
of the debentures hereby authorized to be issued shall be applied
for the purposes mentioned in the said section of the said Act, and
for no other purpose whatever.

Passed in open council this day of

AD. 19 .

Clerk.
Mayor.

(L.S.)

CHAPTER

Chap. 77.

COUNTY OF MIDDLESEX.

6 Edw. VII

609

CHAPTER 77.

An Act .to confirm By-law number 580 of the
County of Middlesex.

Assented to 27th April, 1906.

WHEEEAS the Corporation of the County of Middle- Preamble-
sex has by petition prayed that By-law No. 580 of
1906 of the said County of Middlesex to set apart a sum
of money to be applied for the improvement of public
highways, in the local municipalities in the County of
Middlesex, may be confirmed and declared to be legal,
valid and binding, notwithstanding any want of jurisdic-
tion on the part of the said municipality to pass the same;
and whereas it is expedient to grant the prayer of the said
petition ;

Therefore His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1 . Saving and excepting subsection 8 of section 1 and onlfJcounty80
sections 2, 3, 4 and 6 of the said by-law, and subject to the of Middlesex
provisions of sections 2, 3, and 4 of this Act, By-law"scneduieA
No. 580 of the said County of Middlesex set out in Schedule confirmed-
"A" to this Act is confirmed and declared to be legal, valid

and binding upon the said corporation and the ratepayers
thereof and the other municipal corporations and parties
mentioned therein.

2. Before commencing any work of road improve- ^°ca*}t™sn0"
ment under the said by-law the local municipality shall submit speoifi-
submit a specification of such work to the county commis- approvai°of
sioner and receive his approval before proceeding with the commissioner
work.

3. Notwithst anding anything contained therein, the said By-law not to
by-law shall not be repealed without, the approval of the without led
Lieutenant-Governor in Council. L?eutenant-

Governor.

4. The local council, before finally passing the by-law Minister of
mentioned in subsection 12 of section 1 of the said By-law PublicrWorks
No. 580. shall also obtain the approval of the Minister of ccTuFn^y-iaw.
Public Works thereto.

39 s. SCHEDULE

610

Chap. 77.

COUNTY OF MIDDLESEX.

6 EDW. VII

SCHEDULE A.

By-law Number 580.

A By-law to set apart a sum of money to be applied for the Improve-
ment of Public Highways in the local muncipalities in the
County of Middlesex.

Whereas the Legislative Assembly in the Province of Ontario
passed an Act in 1901 (1 Edward VII., Chapter 32) entitled An Act
for the Improvement of Public Highways, and passed subsequent
amendments thereto, and whereas the said Legislature under the
said Act set apart the sum of $1,000,000 to be paid out of the
Consolidated Revenue Fund of this Province to aid in the building
and improvement of public highways in this Province ;

And whereas the municipal council of the County of Middlesex
is desirous of sharing in the said sum of money for the improve-
ment of certain highways in the county, and according to the pro-
visions of the said Act the county council must assume a system of
county roads in order to participate in the benefits to be derived
by the county under the Act;

And whereas the local councils are opposed to the county again
assuming a county road system but are willing they or the county
should comply with all other requirements contained in the Act :

And whereas the county council consider the roads within the
county (being well built and with few exceptions already gravel
roads) can be more economically repaired and maintained by the
local councils, and is therefore of the opinion that it is in the
interest of the ratepayers of the county that the roads should
remain under the supervision and control of the local municipalities
but is willing to comply with all other requirements of the said Act ;

Therefore the county council (with the advice and consent of
the local councils) has decided to request the Provincial Legisla-
ture to pass an Act to confirm this by-law, wherein the county
council have endeavored to comply with all the requirements de-
manded by the said Act above cited, save and except that the
roads shall remain under the control and management of the local
councils and under the provisions of which the ratepayers of the
county may benefit by the moneys so set apart for the improvement
of public highways under the said Act.

Be it therefore enacted by the municipal council of the County of
Middlesex, and it is hereby enacted as follows: —

1. That a sum to be fixed annually by the county council, but
not less than nine thousand dollars and not to exceed fifteen
thousand dollars, shall be set apart to be paid out of the current
revenue of the county to aid in the improvement of public high-
ways within the said county. The money so set apart shall be
divided annually by the county council among the municipalities of
the county in proportion to their equalized assessed value as set
forth in the report of the equalization committee for the preced-
ing year, subject to the terms and conditions hereinafter set forth:

(1) The highways to be improved in any township, village or town
are to be designated bv bv-law of the council of said_ township,
village or town, and a copv of such by-law shall be transmitted forth-
with to the clerk of the county council ;

(2) Any municipality may apply the whole or part of the. money
to which it may be entitled under the bv-law towards paving any
expensps that may be incurred for the purchase of toll roads with-
in such municipalitv or for freeing the same from tolls. Such toll
roads as are purchased shall be included in the roads to be
designated and improved in accordance with this by-law ;

(3) Any highway, in order to come under the provisions of this
by-law as to aid. shall be constructed or repaired according to the
regulations of the Public "Works Department with respect to high-

ways.

39a e.

(4)

1906.

COUNTY OF MIDDLESEX.

Chap. 77

611

(4) On completion of any work of road improvement under this
by-law the council of the municipality under which such work was
carried on, shall submit to the county council a statement setting
forth the cost of such work, such statement to be verified by
affidavit of the treasurer, and to be certified by the reeve or mayor
of the municipality, and on receipt of such statement by the county
treasurer, certified and approved bv the county commissioner, the
municipality shall be entitled to receive out of the moneys hereby
set apart for public highways an amount equal to the cost of the
work, but not to exceed the proportion of the appropriation to
which such municipality is entitled ; said moneys to be paid by
the county treasurer on the order of the county commissioner ;

(5) No municipality shall be entitled to Jeceive any portion of
the sum hereby set apart until the county council have submitted
a plan of the county, designating the roads for improvement under
this by-law to the Lieutenant-Governor-in-Council, and his approval
of the same is obtained ;

(6) Wherever a road designated to receive the county grant inter-
sects a highway which does not receive the grant, the road desig-
nated to receive the grant shall include the full width of the road
allowance and culverts or bridges thereon or touching thereon ;

(7) The total mileage to be designated by the township councils
shall be about 200 miles, and shall be divided among the townships
as follows; —

Miles.

Adelaide 11.40

Caradoc 14.06

Delaware 6.03

Dorchester 12.99

Ekfrid 12.48

Lobo 14.24

London 30.70

Metcalfe 8.01

Mosa 10.14

Nissouri 14.59

Westminster 19.73

Williams, East 10.20

Williams, West 7.59

McGillivrav 17.24

Biddulph 10.60

(8) Before commencing any work of road improvement the local
municipality shall submit a specification of such work to the county
commissioner and receive his approval before proceeding with the
work unless they are satisfied the proposed work is completely in
accordance with the Public Works Department and will pass inspec-
tion required under this by-law;

Immediately after the completion of any work in a local muni-
cipality within the county done under this by-law, the clerk of
su< H local municipality shall notify the county commissioner, and
it shall be his duty to inspect said work and report to the county
council ;

(9) Plans and specifications for all new bridges to he erected
by the local municipalities on roads designated bv by-law of the
local municipalities for improvement under this by-law must be
submitted to the countv commissioner for his approval before the
work is commenced or aid will not be granted;

(10) All work of road improvement for which the local munici-
palities are responsible on roads designated to receive aid under
this bv-law shall be under the management of the local municipal
councils which shall provide and pay out all moneys necessary for
the work ; and after their accounts are rendered and approved of

Chap. 77.

COUNTY OF MIDDLESEX.

6 EDW. VII

as set forth m sub-section (4) of section I or this by-law. the muni-
cipality will be entitled to their proportion of the money so
expended on or before the first day of March of the succeeding
year after the works are completed ;

(11) Nothing herein contained shall be held or taken to mean
that the county council is by this by-law relieved or that the local
municipalities are by this by-law relieved of any responsibilities
held by the said county council or local municipality previous to
the passing of this by-law ;

(12) If in any local municipality it can be shown to the county
council that the money appropriated by the county in any year or
any portion of such money is not required for expenditure upon
the said roads, then the local council may by by-law, with consent of
the county council expressed by resolution, add other road or roads
to those already designated in accordance with sub-section (1) of
section 1 of this by-law ;

2. That where a bridge or bridges situated on road or roads
designated for improvement under this by-law are improved or
renewed, or where a new bridge is erected on such road or roads
or touching on such road or roads the municipal council of the
County of Middlesex shall be entitled to receive from the Provincial
Legislature out of the fund set apart for improvement of public
highways one-third of the cost of such work, whether the liability
to construct or maintain such bridge or bridges or any of them
belongs to the county or a local municipality or partly to the county
and partly to a local municipality. The money so received to be
paid to the treasurer of the municipality entitled thereto by the
county treasurer on the order of the county commissioner ;

3. That the county council shall present to the Provincial Gov-
ernment an annual statement describing the Avork done and the
amount expended on the roads designated for road improvement,
together with the affidavit of the treasurer of the municipality by
which the moneys were paid, and a certificate of the county, com-
missioner that the regulations of the Public Works Department in
regard to highways had been complied with. Upon receipt of such
statement by the Provincial Treasurer, certified and approved by
the proper officials of the Public Works Department, the munici-
pality of the County of Middlesex shall be entitled to receive from
the moneys set apart for public highways an amount equal to one-
third of the cost of the work ;

4. That this by-law shall not take effect or come into operation
until it has been confirmed by the Legislature of Ontario, and an
Order-in-Council has been obtained accepting the provisions of this
by-law as a sufficient fulfillment of the provisions of the Act passed
by the Ontario Legislature in the year 1901, and subsequent amend-
ments made thereto and entitled An Act for the Improvement of
Public Highways, and under the provisions of the Act confirming
this by-law and the Order-in-Council obtained, the municipal council
of the County of Middlesex shall be entitled to receive from the
fund set apart by the Act for Improvement of Public Highways not
only one-third of the sums which will be paid under sub-section (4)
of section 1 of this by-law, but also one-third of all further expendi-
tures the local municipal councils or the county council may spend
upon the roads designated for improvement under the by-laws
required by sub-section (1) of section 1 of this by-law. The moneys
so received to be paid by the county treasurer to the municipalities
entitled thereto on the order of the county commissioner. It being
understood that the work done by the said councils must comply
with the requirements of the Public Works Department in regard
to public highways ;

5. That the words "county commissioner," where used_ in this
by-law, shall mean the engineer or commissioner or his assistant in
charge of the public works under the county council ;

1906.

COUNTY OF MIDDLESEX.

Chap. 77

613

6. Thnt this by-law shall remain in full force and effect until
repealed by by-law of the Corporation of the County of Middlesex.

Dated at the Council Chambers in the City of London this 26th
day of January, A.D. 1906.

(Signed) N. A. Galbraith,
Warden.

[ Seal.]

(Signed) T. E. Eobson,
Clerk.

CHAPTER

614 1906.

TOWN OF MIDLAND.

Chap. 78

CHAPTER 78.

An Act respecting- the Town of Midland.

Assented to 14th May, 1906.

preamble. \l / HEREAS the Corporation of the Town of Midland have
IT by petition represented that .By-law No. 609 of the
said corporation was duly passed to provide for the con-
struction of a system of sewers on the local improvement
plan, and by the said by-law it was enacted that an equal
frontage rate of one dollar per foot, payable in forty equal
annual instalments, should be levied on the properties
fronting or butting the said sewers and upon properties
connected with the said sewers whether fronting thereon or
not, and the said rate is an equitable rate for that purpose ;
and whereas the said corporation have by their said peti-
tion represented that in the construction of the said sewer
system the corporation have expended a large sum in mak-
ing connections with private properties and the corporation
wish to charge the expense of such connections against the
property benefited thereby and to extend the payment of
the said sums over a period of fifteen years by the owners
of such properties as provided for by By-law No.
618; and whereas the said corporation have further
represented that during the year 1905 the sum of
about $20,000 was expended by the corporation in the con-
struction of a system of permanent cement sidewalks in
the said Town of Midland, which it was originally intended
to construct on the local improvement plan, but no by-law
was passed for the purpose, and the corporation now desire
to complete the said system of walks and to expend a sum
not exceeding $30,000 in all thereon, and to pay for the
same by debentures extending over thirty years, to be paid
by the municipality at large as provided by By-law
No. 619; and whereas the said corporation have prayed
that the by-laws set forth in Schedules "A." "B" and "C"
to this Act be validated and confirmed for the purposes
hereinbefore recited ; and whereas it is expedient to grant
the prayer of the said petition ;

Therefore

Chap. 78.

TOWN OF MIDLAND.

6 Edw. VII 615

Therefore His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of Ontario,
enacts as follows :

1. By-laws Numbers 609, 618 and 619 of the said corpor- ^"^n^°j
ation, as shown in Schedules "A," "B," and "C" to this of Town of
Act respectively, are ratified and confirmed and declared confirmed,
legal, valid and binding on the said corporation and the
ratepayers thereof, notwithstanding any want of jurisdic-
tion on the part of the said municipality to pass the said
by-laws, or any of them, or to issue the debentures therein
provided for, and notwithstanding any defect in substance,
or in form of the said by-laws or debentures, or in the
manner of passing, or issuing the same, and the Corpora-
tion of the Town of Midland is authorized and empowered
to impose the rates and issue the debentures provided for in
the said by-laws, and each of them, and the debentures to ■
be issued under the said by-laws, and each of them, are
declared legal and binding upon the said municipal corpor-
ation; and the said corporation is authorized and empowered
to do all acts and things necessary and prooer for the full
and effectual carrying out of the objects of the said by-laws,
and each of them.

SCHEDULE "A."

By-Law No. 609 op the Corporation of the Town of Midland.

A By-law to provide for borrowing money by the issue of deben-
tures secured by local special rates on the properties fronting
or butting on King street from the track of the Grand Trunk
Railway Company to Ellen street ; Midland avenue, from Bay
street to Yonge street ; First street and Montgomery street,
from Toronto street to Dominion street ; Bay street, from King
street to Midland avenue; Victoria street, from King street
to Midland avenue; Toronto street, from King street to First
street ; Bay street, from Midland avenue to Queen street ;
Frederick street, from Dominion street to the Town Park:
Dominion avenue, from First street to Third street; Third
street, from Dominion avenue to Hugel avenue ; Hugel avenue,
from First street to Sixth street ; Dufferin street and Sixth
street, from Hugel avenue to High School.

Whereas upon the recommendation of the Local Board of Health,
affirmed by a vote of two-thirds of all the members of this council
at a regular meeting thereof, it became desirable and necessary
in the public interest to construct sewers on the following streets,
namely: — King street, from the track of the Grand Trunk Rail-
way Company to Ellen street; Midland avenue, from Bay street
to Yonge street ; First street and Montgomery street, from Toronto
street to Dominion street ; Bay street, from King sreet to Mid-
land avenue ; Victoria street, from King street to Midland avenue ;
Toronto street, from King street to First street ; Dominion avenue,
from First street to Third street, for the purpose of draining
that locality for sanitary or drainage purposes as a local im-
provement ;

And whereas The Turner Lumber Company and others have
petitioned to have a sewer constructed and prolonged alqng Bay

street

616

1906.

TOWN OF MIDLAND.

Chap. 78

street, from Midland avenue to Queen street, which petition is
sufficiently signed to comply with the local improvement clauses
of The Municipal Act in that regard;

And whereas John McDonald and others have petitioned tc have
a sewer constructed and prolonged along Frederick street, from
Dominion street to the Park, which petition is sufficiently signed
to comply with the local improvement clauses of The Municipal
Act in that regard :

And whereas H. J. Craig and others have petitioned to have a
sewer constructed and prolonged along Third street, from Domin-
ion avenue to Hugel avenue, which petition is sufficiently signed
to comply with the local improvement clause of The Municipal
A ct in that regard.;

And whereas W. J. Parkhill and others have petitioned to have
a sewer constructed and prolonged along Hugel avenue, from First
street to Sixth street, which petition is sufficiently signed
to comply with the local improvement clause of Tlie Municipal
Act in that regard ;

And whereas F. W. Jeffery and others have petitioned to have
a sewer constructed and prolonged along Dufferin street to Sixth
street, from Hugel avenue to the High School, which petition is
sufficiently signed to comply with the local improvement clauses
of The Municipal Act in that regard;

And whereas it has been ascertained and determined that the
real property fronting or abutting upon the lines described as
follows, that is to say: —

1. Upon the east side of King street, from the track of the
Grand Trunk Railway Company to Ellen street, has a frontage
of 2,734 feet, and the assessable frontage on the west side of King
street between the said limits is 2,365.5 feet, as shown by the
statement of frontage liable for assessment as fixed by the Court
of Revision, making in all 5.099.5 feet, more or less, of frontage
assessable on both sides of King stfeet between the limits afore-
said, and which is immediately, directly, equally and especially
benefited by the said improvement.

2. Upon the east side of Midland avenue, from Bay street to
Yonge street, has a frontage of 1,870.8 feet, and the assessable
frontage on the west side of Midland avenue between the said
limits is 1.856.75 feet, as shown by the statement of frontage liable
for assessment as fixed by the Court of Revision, making in all
3.732.55 feet, more or less, of frontage assessable on both sides
of Midland avenue between the limits aforesaid, and which is
immediately, directly, equally and especially benefited by the said
improvement.

3. Upon the east side of First street and Montgomery street,
from Toronto street to Dominion street, has a frontage of 1,319
feet, and the assessable frontage on the west side of First street,
between the said limits, is 1,455 feet, as shown by the statement of
frontage liable for assessment as fixed by the Court of Revision,
making in all 2,774 feet, more or less, of frontage aforesaid, and
which is immediately, directly, equally and especially benefited by
the said improvement.

4. Upon the north side of Bay street, from King street to Mid-
land avenue, has a frontage of 265 feet, and the assessable frontage
on (he south side of Bay street, between the said limits is 131.5
feet, as shown by the statement of frontage liable for assessment
as fixed by the Court of Revision, making in all 396.5 feet, more
or less, of a frontage assessable on both sides of Bay street hetween
the limits aforesaid, which is immediately, directly, equally and
especially benefited by the said improvement.

5. Upon tho north side of Victoria street, from King street t<->
Midland avenue, has a frontage of 213.5 feet, and the assessable
f"OT>tn.gn on the south side of Victoria street, between the said
limits, is 193 feet, as shown by the statement of frontage liable

for

Cliap. 78.

TOWN OF MIDLAND.

6 EDW. VII

617

for assessment as fixed by the Court of Revision, making in al!
406.5 feet, more or less, of frontage assessable on both sides of
Victoria street, between the limits aforesaid, and which is im-
mediately, directly, equally and especially benefited by the said
improvement,

6. Upon the north side of Toronto street, from King street to
First street, has a frontage of 269.5 feet, and the assessable frontage
on the south side of Toronto street, between the said limits, is
207 feet, as shown by the statement of frontage liable for assess-
ment as fixed by the Court of Revision, making in all 476.5 feet,
more or less, of frontage assessable on both sides of Toronto street,
between the limits aforesaid, and which is immediately, directly,
equally and especially benefited by the said improvement.

7. Upon the north side of Bay street, from Midland avenue to
Queeen street has a frontage of 310 feet, and the assessable frontage
on the south side of Bay street, between the said limits, is 270
feet, as shown by the statement of frontage liable for assessment
as fixed by the Court of Revision, making in all 580 feet, more or
less, of frontage assessable on both sides of Bay street, between
tho limits aforesaid, and which is immediately, directly, equally
and especially benefited by the said improvement.

8. Upon the west side of Frederick street, from Dominion street
to the Town Park, has a frontage of 660 feet, and the assessable
frontage on the east side of Frederick street, between the said
limits, is 729 feet, as shown by the statement of frontages liable
for assessment as fixed by the Court of Revision, making in all
1.389 feet, more or less, of frontage assessable on both sides of
Frederick street, between the limits aforesaid, and which is im-
mediately, directly, equally and especially benefited by the said
improvement.

9. Upon the north side of Dominion avenue, from First street
to Third street, has a frontage of 403.5 feet, and the assessable
frontage on the south side of Dominion avenue, between the said
limits, is 564 feet, as shown by the statement of frontage liable
for assessment as fixed by the Court of Revision, making in all
967.5 feet, more or less, of frontage assessable on both sides of
Dominion avenue, between the limits aforesaid, and which is
immediately, directly, equally and especially benefited by the

said improvement.

10. Upon the east side of Third street, from Dominion avenue to
Hugel avenue, has a frontage of 125 feet, and the assessable
frontage on the west side of Third street, between the said limits,
is 212.5 feet, as shown by the statement of frontage liable for
assessment as fixed by the Court of Revision, making in all 337.5
feet, more or less, of frontage assessable on both sides of Third
street, between the limits aforesaid,, and which is immediately,
directly, equally and especially benefited by the said improvement.

11. Upon the north side of Hugel avenue, from First street to
Sixth street, has a frontage of 1,650 feet, and the assessable frontage
on the south side of Hugel avenue, between the said limits, is
1,610 feet, as shown by the statement of frontage liable for assess-
ment as fixed by the Court of Revision, making in all 3.260 feet,
more or less, of frontage assessable on both sides of Hugel avenue,
between the limits aforesaid, and which is immediately, directly,
equally and especially benefited by the said improvement.

12. Upon the east side of Dufferin street and- Sixth street, from
Hugel avenue to High School, has a frontage of 700 feet, and the
assessable frontage on the west side of Dufferin street, between
the said limits, is 800 feet, as shown by the statement of frontage
liable for assessment as fixed by the Court of Revision, making in
all 1,500 feet, more or less, of frontage assessable on both sides of
Dufferin street, between the limits aforesaid, and which is im-
mediately, directly, equally and especially benefited by the said
improvement.

And

618

1906.

TOWN OF MIDLAND.

Chap. 78

And whereas the said sewers have been laid and the total cost
thereof is the sum of $44,393.48, of which the corporation dis-
burse the sum of $23,473.48 and the remaining $20,920 is to be
defrayed by the ratepayers, and is the amount of the debt to be
created by this by-law ;

And whereas it will require the sum of $1,136.86 to be raised
annually for a period of forty years, the currency of the deben-
tures to be issued under and by virtue of this by-law, to pay the
interest and principal of the said debt according to the Schedule
hereto attached marked "a."

And whereas it is provided by By-law No. 592 A of this corpora-
tion that every owner of the property which is drained into any
of the common sewers, and every owner of property in front of
which a sewer is constructed as a local improvement, shall pay a
uniform frontage tax of one dollar per foot, to be assessed on
each assessable foot of frontage property so drained ;

And whereas the sum so raised will be sufficient to pay the
interest and create an annual sinking fund for paying the said
principal debt of $20,920 within 40 years, which said debt is created
on the security of a special rate settled by the said by-law, and on
that security only ;

And whereas it is expedient to raise the said sum of $20,920
by debentures of the corporation of the Town of Midland to defray
that part of the expense of the said work payable by local special
rates ;

And whereas at the Court of Revision held in the Council
Chamber at Midland on the 5th day of October, 1905, the assess-
ment of $1.00 per foot frontage and the frontage measurement
of all property on the above named streets benefited by the im-
provement were confirmed, and the property subject to such front-
age rate, with the names of the owners is described in Schedule
hereto attached marked "b."

Therefore the municipal council of the corporation of the Town
of Midland enacts as follows: —

1. During 40 years $1,136.86 shall be raised for principal and
interest together.

2. A special rate of $1.00 per foot is imposed on each foot of
the property described in the Schedule hereto annexed marked
"b," so as to produce the sum of $1,136.86 each year for a period
of 40 years, and shall be collected by the collector of taxes as
other rates.

3. During 40 years, commencing with 1906. the property described
in the Schedule hereto attached marked "B." shall be exempt from
general rates for improvements.

4. $20,920 shall be raised by loan on above special rate, and de-
bentures therefor shall be issued.

5. Debentures shall be payable each year for 40 years after issue,
being December, 7th, 1905, and shall bear 4£ per cent, interest.

6. Debentures may be made payable anywhere, in any currency,
and the proceeds thereof shall be used in paying off loans for work,
if any.

7. Owners may commute assessments by paying $1.00 per foot
ca^h on or before the 15th day of January, 1906.

8. Money received from special rate for commutation shall be
invested.

9. Debentures shall contain provision of Section 434 of The Muni-
cipal Act.

10. Debentures shall be subject to consolidation.

11. This bv-law to take effect now.
Midland. December 6th, 1905.

D. L. White, Jr..

Mayor.

(Seal.) Thos. I. Triteman,

Town clerk.

Schedule

Chap. 78. town of midland. 6 Edw. VII 619

Schedule "a."

No. Principal. Interest. Total

1 195 46 941 40 1,136 86

2 204 26 932 60 1,136 86

3 213 45 923 41 1,136 86

4 223 06 913 80 1,136 86

5 233 09 903 77 1,136 86

6 243 57 893 29 1,136 86

7 254 53 882 33 1,136 86

8 265 99 870 87 1,136 86

9 277 96 858 90 1,136 86

10 290 46 846 40 1,136 86

11 303 54 833 32 1,136 86

12 317 20 819 66 1,136 86

13 331 47 805 39 1,136 86

14 346 39 790 47 1,136 86

15 361 97 774 89 1,136 86

16 378 26 758 60 1,136 86

17 395 29 741 57 1,1.% 86

18 413 07 723 79 1,136 86

19 431 66 705 20 1,136 86

20 451 09 685 77 1,136 86

21 471 39 665 47 1,136 86

22 492 60 644 26 1,136 86

23 514 77 622 09 1.136 86

24 537 93 598 93 1,136 86

25 562 14 574 72 1,136 86

26 587 44 549 42 1,136 86

27 613 88 522 98 1,136 86

28 641 50 495 36 1.136 86

29 670 36 466 50 1.136 86

30 700 53 436 33 1,136 86

31 732 05 404 81 1,136 86

32 765 00 371 86 1.136 86

33 799 42 * 337 44 1,136 86

34 835 40 301 46 1,136 86

35 872 99 263 87 1,136 86

36 912 28 224 58 1.136 86

37 953 33 183 53 1.136 86

38 996 25 140 61 1.136 86

39 1.041 06 95 80 1,136 86

40 1.097 91 48 95 1,136 86

Total 20,920 00 24.554 40 45,474 40

Schedule "b."

Town of Midland, Province of Ontaeio.

Sewer frontage assessments. Sewers constructed on sanitary
grounds.

King Street — From G.T.R. to Ellen Street, East Side.

Assessable

Name. Lot. Frontage. Frontage.

Grand Trunk Railway

Playfair, Preston Co Block "A" 98 98

Playfair, Preston Co (Bank) 31 x 51 31

Bay Street 66

King

620

1906.

TOWN OF MIDLAND.

Chap. 78

King St. — Continued.

Name.

Broderick, David

Rogers, William

Stafford, James

Bennett, Wm. H

Larandeau, Katherine

Macartney, Hy. E

Florence Street

Bennett, Wm. H

Bennett, W. H

Larandeau, Katherine

Wilson, John

Little, Roland

Grise, Didos

Victoria Avenue

Gladstane, T. B. J. Est...
Gladstane, T. B. J. Est....
Gladstane, T. B. J. Est...

Levine, Annie

Phillips, Joseph

Fraser, John

Mc Waters, J. W

Perrin, William .'

McMurtry, S. F. L

Phillips, Joseph

Froats, Gordon

Elizabeth Street

Broderick. David

Piggott, E. H

Barry, Robert

Brown, R. J

Piggott, William

White, William

Akins, Charles E s....

Jackel, Adolphus

Elliott, Thos

Anderson, Dugald

Yonge Street

Campbell, Sylvester

Campbell, Adam

St. Peter, Cleophas

Jannett, R

Hannah Street

Brown, Robert

Bemrose, John

Craighead, J. C

McKee, Alex.

Hanley, John

Ellen "Street

McCracken, Robert

Total on East Sid

Lot.
10

No. part 9
Part 8 and 9
Part 8 and 7
Part 6
Part 6

Assessable
Frontage. Frontage.

60 x 100
19
63
98

40.25
21.25 x 60

60
19
63
98

40.25
21.25

4 and 5, pt. 3

60 x 106

Part of 3

Part of 2

1 and part of 2

81 x 81

1 and 2

65 x 77

40*

40.5

34*

34.5

Part 7

Part 7 and 8

Part 8 and 9

49.5

Part 9

50 x 165

66 x 165

Part 11

Part 11 and 12

Part 12 and 13

Part 13 and 14

Part 14, 15, 16

115

Part 16 and 17

Part 17 and 18

Part 18

1 Q

DO X 100

1 and 2

66 x 165

Part 3

Part 3 and 4

66 x 165

2,714.0

King Street — From G.T.R. to Ellen Street, West Side.

Assessable

Name. Lot. Frontage. Frontage.

Lavery, James C.D.E. and F. 110 110

Craig, H. J Part C. 25 25

Switzer, Annie B. 33 x 100 33

Toronto Street 66

Hewis, David 18 and 19 108 x 182 108

Moses & Finlayson 17 58 58

Chap. 78.

TOWN OF MIDLAND.

6 EDW. VII

Name.

Jetfery, F. W

Dominion Avenue

Ingram, Alex

McLeod, Christina ...

Wilson, John

Wallace, John

Wallace, Peter

Hatley, J. J

Ball, James

Osborne, A. A. & Co.
Nickerson, C. & A. ...

Hugel Avenue

Horrell, J. B. Estate

Peters, William

Morrow, J. R

Jackel, Adolphus

Raeburn, Nelson

Timmins, R. J

Duncan, Mary

Mitchell, David

Methodist Church

Lane

Ackerman, D. W

Wilson, John

Mary Street

Town Hall

Johnston, Rosa

Pope Estate

Hinds, Matthew

Thornton, Wm

Courtemanche, Alpli.

Switzer, Annie

Wagg. N. K

Dominion Street

Fraser, Michael

Fraser, John

Preston, W. E

Chew, George

Storey. D. S.

Letherby, Edwin

Town Park

King Street. — Continued

Assessable

Lot. Frontage. Frontage

50 x 100

50 x 172.2

Part 13

Part 12 and 13

J?art 12

Part 12

50 x 164.5

50 x 162

7 and 8

100

Part 6

Part 5

Part 3

1, 2 and pt. 3

148

1 &2, N. Mary St.

. 1 &2, N. Mary St

. 49. x 165

66 x 165

3 and 4

132

Part 5

Part 5 and 6

Part 6

56 x 165

Pt. Block "A"

63 x 165

Pt. Block "A"

126

Pt. Block "A"

102

Pt. Block "A"

117.5

Pt. Block "A"

Total on west side , 2,365

TTotal on east side 2,714

Total 5.079

Victoria Avenue, North Side, King Street to Midland Avenue.

Assessable

Name. Lot. Frontage, frontage.

King Street 80

Gris, Didos 81 x 81

Grise, Didos 1 944 944

Lane 14

McGill, Dr. H. R Pt. 1 & 2 Mid. Ave. .44 44

Stephens, William " 44 44

Tyndall, Capt. Jas " 31 31

Jackel, Adolphus " 56.5 x 60

... 213*

Midland Ave 80

Victoria

622

Chap. 78.

TOWN OF MIDLAND.

6 Edw. VII

Victoria Avenue, South Side.

Name.

King Street

Gladstane, T. B. J. Est.
Gladstane, T. B. J. Est...

Rogers, Samuel

O'Hare, Michael

Midland Avenue

Total north side Victoria Avenue
Total south side Victoria Avenue

Assessable

Lot. Frontage. Frontage.

1 77 x 65 6

88 88

"A" 66 66

20 133 x 66 33

193

> 213.5

193.0

406.5

Bay Street, North Side, from King St. to Midland Ave.

Name. Lot.

Playfair, Preston Co., Ltd. Block "A"

Playfair, Preston Co., Ltd.

G. T. Railway Co Block "A"

Assessable
Frontage. Frontage.

«j« } 102

163 163

Midland Avenue

265

Bay Street, South Side, from King Street to Midland Avenue.

Assessable

Name. Lot. Frontage. Frontage.

Broderick, David 10 King St. 100x60

Broderick, David 10 King St. 76 76

Lane 14

Broderick, David 10 Midland Ave. 175.5x60 75.5

151.5

80
265.0
151.5

Midland Avenue

Total north side Bay
Total south side Bay .

416.5

Midland Avenue, East Side, from Bay Street to Yonge Street.

Assessable

Name.

Lot.

Frontage. Frontage.

70 x 90

80.0

66.7

Nicklin, H. J

66.7

Melia, Mrs. Robt

Part 5

Dudley, Wm

Part 5

50 x 175

66.7x175

66.7

Moth, Cyrus

Part 3

McDonald, Dr. F. C

Part 3

66.7

100 x 175

100

Horrell, Digby

60.3 x 175

60.3

Copeland, Geo. & Sons

Part 2

Ruby, H. S

3 & Part 2

90.6

Ruby, Albert W

60.3

Raikes, Dr. Richard

60.3

Elliott, George

60.3

Midland

1906.

TOWN OF MIDLAND.

Chap. 78

Midland Avenue. — Continued.

Assessable

Name. Lot. Frontage. Frontage.

Brown, Edward 7 60.3 60.3

Davenport, James 8 60.3 60.3

Cameron, Elizabeth (9 & 10) 60.3 60.3

Cameron, Elizabeth 60.3 x 175 60.3

Elizabeth Street 66

Baptist Church 11 65.2 x 175 65.2

1,281.0

Broley, Eleanor 12 65.5 65.5

Vyvyan, Samuel 13 65.5 65.5

Nickerson, Emma 14 65.2 65.2

Harkley, William 15 & 16 130.4 130.4

Duffield, Chas 17 65.2 65.2

McKinley, Mrs. Wm Part 18 32.6 32.6

Booth, John Part 18 & 19 63.0 63.0

Taylor, Chas Part 19 36.5 36.5

Hunter, William 20 65.2x175 65.2

589.1

Yonge Street 66 1,281.0

Total on east side 1,870.1

Midland Avenue, West Side, Bay Street to Yonge Street.

Assessable

Name. Lot. Frontage. Frontage.

Bay Street 66

Broderick, David 10 60x175.5 60

Rogers, William 9 60 60

Broderick, David 8 60 60

O'Connor, Mrs 7 60 60

Terry, Simeon 6 60 x 175£ 60

Florence Street 66

Lovering, Wm. J 5 60 x 175£ 60

Argue, Thomas 4 60 60

Davis, Wm. H 3 60 60

Johnston, John Part 2 60 60

Jackel, Adolphus Parti 60x56.5 58.20

Victoria Avenue 80

O'Hare, Michael 20 66 x 133 66

O'Hare, Michael

Copeland, Geo. & Sons Part 19 54 54

Cameron, Elizabeth Part 19 & 18 68 68

Milligan, Silas A 17 56.5 56 5

McTavish, Wm 16 & pt. 15 74 74

Ellison, John Part 15 40 40

Argue, Samuel Part 14 41 41

Fletcher, Peter Part 14 & 13 72.5 72.5

Stephens, Richard 12 & 11 66 66

Stephens, Richard 66 x 134 66

Elizabeth Street 66

Grise, Didos 10, 9 & pt. 8 66 x 134 66

Grise, Didos 87.5 87.5

- 1,355.70

Peters, William Part 8 44 44

Mosley, Matthew 7 65 65

Jackel, Adolphus 6 65 65

McGill, George 5 65 65

Henry, Thomas 3 & 4 130 130

McDonald, J. Colin 2 66 66

McDonald, Herman 1 66 x 134 66

501.0

Midland

624

Chap. 78.

TOWN OP MIDLAND.

6 Edw. YII

Midland Avenue. — Continued.

Assessable

Name. Lot. Frontage, frontage.

Yonge Street 66

... 1,355.7

Total assessment on west side Midland Avenue 1,856.7

Total assessment on east side Midland Avenue 1,870.1

3,726.8

Toronto Street, South Side, Bay Street to First Street.

Assessable

Name. Lot. Frontage, frontage.

King Street 80

Hewis, David 19 182 x 108 82

Lane 14

Hill, Frederick Part 1 25 25

Yates, John Part 1 25 25

Ross, A. R 2 and 3 100 x 50 75

207.

First Street 66

Toronto Street, North Side.

Assessable

Name. Lot. Frontage, frontage.

King Street 80

Switzer, Annie "B" King St. 100 x 33 33i

Lane, Jas. J 14

Pratt, David "A" and 1 86 86

Moses, Moses 2, 3 and 4 150 150

269.5

First Street 66

Total south side 207.0

Total north side 269.5

476.5

First Street and Montgomery Street, East Side, Toronto Street
to Dominion Street.

Assessable

Name.

Lot.

Frontage.

frontage.

Toronto Street

Part 2 and 3

50 x 100

Tor. St.

Yates, John

Part 2 and 3

Ingram, Alex

1, 2 & 3 Dominion

100 x 50

Hutchinson, James

2&3, S. Dom. Ave.

143 x 50

96.5

Lane

McCorvie, Neil

3 N. Hugel Ave.

143 x 50

96.5

Hugel Avenue

Wallbridge, Dr. F. G. ..

3 S. Hugel Ave.

150 x 100

100

Woods, C. C

Crawford, T. A

McDonald. John

Timmins, R. J

Moses, Abraham

6 N. Mary St.

98. x 66

15 and 16

66 x 165

First

1906

TOWN OF MIDLAND.

Chap. 78 625

First Street and Montuomery Street. — Continued.

Assessable

Name. Lot. Frontage, frontage.

Webber, Robert 66 66

Graham, Thomas 13 and 14 132 132

Bourgeois, Edmund 12 66 6fr

Grexton, Duncan 11 66 66

Horrell, J. B. Estate 10 66 66

Preston, F. C Part 9 54 54

Dominion Street 66.1

Total east side 1,319

First Street and Montgomery Street, West Side.

Assessable

Name. Lot. Frontage, frontage.

Toronto Street b6

Wilson & Humphries 4, S. Toronto St. 100 x 50 75

Lane 14

Humphries, Robert 4, N. Dominion Ave. 100 x 51 75i

Dominion Avenue 80

Wilson, John 4, S. Dominion Ave. 83 x 50 66.5

Wilson, John 60 60

Lane 14

Wilson, John 143 x 50 96.5

Hugel Avenue 80

Presbyterian Church 4, 5, 6, Hugel Ave. 150 x 90 140

Lane 14

Morrow, John 5 & 6, First St. 100 100

Tremeer, Thomas 4 50 50

Gregory, Mrs 3 50 50

Hocken, Henry 2 50 50

Simpson, Alex 1 53 53

Lane 33

Gladstane, Frances 7, N. Mary St. 98 x 66 82

Mary Street 66

Griffith, Alfred 1 66 x 165 66

Peters, William 2 66 66

Toole, John 3 66 66

Murphy. Richard 4, 5, 6 198 198

Soden, John Capt 7, 8 66 66

Soden, John Capt 54 x 165 94.5

Dominion Street 66

556.5

Total on west side 1,455.0

Total on east side L319.0

2,774.0

Dominion Avenue, North Side, Front Street to Third Street.

Assessable

Name. Lot. Frontage, frontage.

First Street - 66

Humphries, Robert 4 51 x 100

Foster, Bert Part 5 27 27

McHoull, Howard Part 6 23 23

Craig, H. J Part 6 50 50

Lane 14

Nickerson, Charles 13 E. 2nd St. 150x53} 103*

Second Street go

Little. Roland 13 W. 2nd St. 150 x 50 100

Lane 14

Demorest, James 13 E. 3rd St. 150 x 50 100

Third Street 80

40 S.

403.5
Dominion

Chap. 78.

TOWN OF MIDLAND.

6 Edw. VII

Dominion Avenue, South Side, First Street to Third Street.

Assessable

Name. Lot. Frontage, frontage.

First Street 65

Wilson, John 4 50 x 143

Car.r, Joseph 5 50 50

Batt, Charles 6 50 50

Lane 14

Macartney, H. E 35 35

S. A. Army 40 40

Byers, John 75 x 100 75

Second Street ... 80

Public School 9, 10, 11, 12 W. 2nd \ Q1/t Q1/)

Public School 9, 10, 11, 12 E. 3rd } d14 6Li

Third Street 80

Total south side 564.0

Total north side 403.5

767.5

Third Street, East Side, Dominion Avenue to Hugel Avenue.

Assessable

Name. Lot. Frontage, frontage.

Dominion Avenue 80

Public School 9, 10, 11, 12 E. 3rd St. 200 x 314 100

Taylor, Mary 7, 8 E. 2nd St. 100 x 50 25

Hugel Avenue 80

125

Third Street, West Side, Dominion Avenue to Hugel Avenue.

Assessable

Name. Lot. Frontage, frontage.

Dominion Avenue 80

Dobson, Jane 11, 12 50 x 150 50

Dobson, Jane 50 50

Lethbridge, Jas 10 50 50

Rounthwaite. F. C 9 50 50

Craig.H.J. .'. 7, 8 100 x 75 12*

Hugel Avenue 80

212.5

Total on east side 125.0

Total on west side 212.5

Total 337.5

Willis Chipman,

Engineer.

40a s.

Town

19U6.

TOWN OF MIDLAND.

Chap. 78

627

Town of Midland, Province of Ontario.

Sewer frontage assessments on sewers petitioned for.

Bay Street, from Midland Avenue to Queen Street.

Assessable

Name. Lot. Frontage, frontage.
North Side-
Midland Avenue 80

Pratt, D. S 1, 2, 3, 4, 5 Bay St. 175 x 60 135

Pratt, D. S 75 75

Turner Lumber Co 6 & 7 100 100

310

Queen Street 66

South Side —

Midland Avenue 80

Rogers, William Part 8 Mid. Ave. 90 x 70 10

Rogers, William " 42 42

Smith, George " 43 43

Rich, Emma " 32 32

McDougall, Archi Part 8 Queen St. 73 73

Smith, Franklin S " 70 70

270

Queen Street 66

Total north side 310

Total south side 270

580

Frederick Street, East Side, Dominion Street to Park.

Assessable

Name. Lot. Frontage, frontage.

Dominion Street 66

McCallum, F. J Part 1, 2, E. Frederick 102 102

Roebuck, Benjamin Parti* 2 132 x 66 ~*

Fusee, Wm. H 3 66 66

McDonald, John 4 & 5 132 132

Marshall, George 6 & 7 132 132

Sturgeon, Joseph 8 66 66

Laidlaw, Allan 9 66 66

Craig, Albert 10 66 66

729

Town Park

Frederick Street, West Side, Dominion Street to Park.

Assessable

Name. Lot. Frontage, frontage.

Dominion Street 66

Tyndall, Capt. Jas. 20 66 x 165 66

Bourrie, Appolonaire 19 66 C6

Crosson, Abraham 18 66 66

Fusee, Charles 17 66 66

Duffet, A. H Part 16 40 40

Stamp, John Part 16 & 15 92 92

Wallace & Cook 14 66 66

Dobson, George Part 13 33 33

Laidlaw, Allan Part 13 33 33

English, Charles 12 66 66

McMurty, S. F. L 11 66 66

660

Frederick

628 Chap. 78.

TOWN OF MIDLAND.

6 EDW. VII

Fkederick Street. — Continued.

Assessable

Name. Lot. Frontage, frontage.

Town Park

Total for east side 729

Total for west side 660

1,389

Hugel Avenue, South Side, First Street to Sixth Street.

Assessable

Name. Lot. Frontage, frontage.

First Street 66

Presbyterian Church 4, 5, 6 150 x 90

Presbyterian Church 60 60

Lane 14

O'Hare, Michael 7 and part 8 75 75

Hill, Joshua Part 8 and 9 75 x 150 75

Second Street 80

Wallace, John M 10 and 11 50 x 150 50

Wallace, John M 50 50

Nottingham, Thos 12 50 50

Lane 14

R. C. Church 13, 14,15 and 5, 6

E. 3rd St. 75 75

R. C. Church 75 x 150 75

Third Street 80

Irwin, Robert 16, 17, 18 75 x 150 75

Irwin, Robert 75 75

Lane 14

Moses, Moses 19 and part 20 60 60

Switzer, Annie 20 and 21 90 x 150 90

Fourth Street 66

Simpson, John and Jas.. 22, 23 50 x 150 50

Simpson, John and Jas.. 50 50

Cunningham, Jos 24 50 50

Smith, Chas. E 25 and part 26 75 75

Peters, William pt. 26, 27, 28, 29 175 175

Fifth Street 66

Horrell, J. B. Estate ... 30, 31, 32, 33 200 200

Jefferv. F. W 34, 35, 36, 37 Hugel

& 2 to 6 E. 6th St. 50 x 200 50

Jefferv, F. W 100 100

Jefferv. F. W • 50 x 200 50

Sixth Street 66

Total, south side 1,610

Hugel Avenue, North Side, First Street to Sixth Street.

Assessable

Name. Lot. Frontage, frontage.

First Street 66

Wilson, John 4 50 x 143

Broley, Eleanor 5 50 50

Mullin, James 6 50 50

Lane 14

Stokes, R. O. Part 7, 8, 2nd St. 75 75

Hood, Dr. D Part 7, 8, 2nd St. 75 x 100 75

Second Street 80

Spooner, William 7, W. 2nd St. 94 x 100 94

Snooner, William 70 56

Taylor, Mrs. Marv 7, E. 3rd St. 100 100

Taylor, Mrs. Mary 50 x 100 50

Third Street 80

Craig, H. J 7 & 8. W. 3rd St. 75 x 100 75

Craig, H. J 75 75

Hugel.

1906.

TOWN OF MIDLAND.

Chap. 78

Assessable
Frontage. frontage.
14

50 ■ 50
50 50
50 x 150 50

50 x 150 50

100 100

100 100
50 x 150 50

50 x 150 50
50 50

Potvin, Peter 32, 33, 34, 35, 36, 37 250 250

Potvin, Peter 50 x 150 50

Sixth Street 66

Total on north side 1,650

Total on south side 1,610

3,260

DUFFERIN AND SlXTH STREETS, EAST SlDE, HUGEL AVENUE TO HlGH

School.

Assessable

Name. Lot. Frontage, frontage.

Hugel Avenue 80

Jeffrey, F. W 37 S. Hugel & 2 to 6

Sixth St. 200 x 50 100

Jeffrey, F. W 250 250

Weston, F. R. 1 E. Sixth St. & 4 to

10 Dufferin St. 350 350

Opposite New High School

700

Dufferin and Sixth Streets, West Side, Hugel Avenue to High

School.

Assessable

Name. Lot. Frontage, frontage.

Hugel Avenue 80

McElroy. John 38 S. Hugel 200 x 200 200

Leithwood, John 6 W. 6th St. 50 50

Simpson. Ernstein 1 to 5 W. 6th St. 234 234

High School 4 to 10 W. Dufferin St. 316 316

Onr>osite New High School

800

Total on east side 700

Total on west side 800

1,500

Willis Chipman,

Engineer.

SCHEDULE "B."
By-Law No. 618.

A By-law respecting the payment of certain sewer connections.

Whereas the corporation of the Town of Midland constructed a
sewer system in the said town during the years 1904 and 1905;

And

Hugel Street. — Contin ued.

Name. Lot.

Lane

Munro, John 19

McDowell, F. C 20

Lamb, George 21

Fourth Street

Macartney, H. E 22,23, 24

Macartney, W. E

Finlavson, William 25, 26

Parkhill, W. J 27,28, 29

Parkhill, W. J

Fifth Street

Kelman, J. L 30, 31

630

Chap. 78.

TOWN OF MIDLAND.

6 Edw. VII

And whereas in connection with the said sewer system certain
connections were made between the said sewer and the private
properties fronting or butting on the streets drained by the said
sewers, and the expenses in connection with the said sewer connec-
tions were paid by the corporation of the Town of Midland, but
it was intended that the said sewer connections should be paid
for -by the properties fronting thereon and benefited thereby;

Now therefore the municipal council of the Town of Midland
enacts as follows : —

1. The expenses incurred by the corporation of the Town of
Midland in making the sewer connections during the years 1904
and 1905 shall be borne by the property benefited thereby, and
shall be payable by a special rate spread over a period of fifteen
years with interest calculated at four and a half per cent.

2. There shall be a special rate imposed and levied under the
provisions of this by-law for the expense of sewer connections,
and the same shall form a lien and charge upon the real estate
upon or in respect of which the said sewer connections have been
made, and the said rate shall be imposed for a period of fifteen
years, commencing in the year 1906, and shall be collected in the
same manner and at the same time and with like remedies as
ordinary taxes as upon real estate are collectable under the pro-
visions of The Municipal Act and The Assessment Act.

3. The several properties set out in Schedule "a" hereto shall
be charged with the several amounts set opposite such respective
properties as the total amount of the expense incurred in making
the sewer connections with the said properties, and there shall
be payable in respect of such properties the annual amount set
opposite such property for the period of fifteen years, commencing
in the year 1906, which said annual payment shall be a special
rate imposed, levied and collected against the said property for
the purpose of paying for the said sewer connection, and such
rate imposed, levied and collected against the said property for
charge and lien upon the real estate mentioned in the said schedule.

4. It shall be the duty of the clerk, treasurer and collector of
the Town of Midland during the years 1906 and the fourteen suc-
ceeding years, to collect a special rate against the said properties
mentioned in the said schedule of the annual payment set opposite
the said property, and the said annual payment shall be charged,
levied and collected at the same time, and in the same manner,
as the ordinary taxes of the Town of Midland, and shall form a
special fund for the purpose of paying the expenses incurred in
connection with making the said sewer connections.

5. This by-law shall not come into force or be of any effect
whatsoever until after the municipal council of the Town of Mid-
land shall be empowered and authorized to pass the same, and
until the said by-law shall have been declared valid and binding
upon the said municipality by an Act of the Legislative Assembly
of the Province of Ontario.

6. Subject to the provisions of the fourth paragraph hereof,
this bv-law shall take effect on, from and after the day upon which
any Act of the said Legislative Assembly, declaring this by-law
binding and valid upon the said municipality, shall come into
force.

Dated this 21st day of March, A.D. 1906.

W. FlNLAYSON.

Mayor.

(Seal.)

Thos. I. Trueman,

v Clerk.

Schedule

1906. town of midland. , Chap. 78 631

Schedule "a."
King Street Sewer Connections.

Total Annual

Lot. Street. cost Owner. payment.

A. E. King $117 44 Playfair, Preston Co $10 96

9 N. King 29 97 J. B. Horrell & Son ... 2 79

15 W. King 38 48 Alex. Ingram 3 59

B. W. King 30 40 Mrs. Switzer 2 84

19 W. King 30 49 D. Hewis 2 85

14 W. King 31 08 Miss McLeod 2 90

part 12 W. King 33 03 T. J. Campbell 3 08

11 W. King 9 94 A. A. Osborne & Co. ... 93

Cor. 8 W. King 28 68 L. K. Wagg 2 68

Do- 6 W. King 38 91 A. Courtemanche 3 63

min- 7 W. King 30 85 Mrs. A. Switzer 2 88

ion 7 W. King 26 82 Mrs. A. Switzer 2 50

part C D E F W. King 39 84 J. Lavery 3 72

part 5 & 6 W. King 30 27 Wm. Thornton 2 83

part 5 W. King 28 72 M. Hines 2 68

part A. W. King 89 24 W. E. Preston 8 33

lot 11 E. King 16 16 John Hanley 1 50

part CDEFW. King 10 36 James Lavery 96

lot 10 pl'nl66 E. King 8 10 D. Broderick 75

3 E. King 33 54 Mrs. A. Lavine 3 13

10 W. King 33 72 Chas. Nickerson 3 13

part 12 W. King 25 94 J. J. Hatley 2 42

1 A 2 E. King 45 00 Gladstane Estate 4 20

17 W.King 15 79 Moses & Finlayson .... 147

part 1 E. King 52 19 N. Laurandeau 4 84

2 E. King 33 95 R. Little 3 13

8 W. King 37 47 Wm. Peters 3 50

7 W. King 28 53 Wm. Peters 2 68

part 6 W. King 18 35 A Jackel 1 71

5 W. King 37 54 N. Reaburn : 3 50

4 W. King 25 59 M. Duncan 2 39

part 3 W. King 21 54 D. Mitchell 2 01

1,2*3 W.King 13 49 Methodist Church 126

part 1 & 2 N. Mary 23 41 D. W. Ackerman 2 18

s half 1 N. Mary 23 29 John Wilson 2 18

1 W. King 31 08 Fire Hall 2 90

2 W. King 21 68 Mrs. R. Johnston 2 02

3 W. King 25 13 R. Pope Estate 2 35

4 W. King 27 95 R. Pope Estate 2 61

12 * 13 W. King 34 35 Peter Wallace 3 21

part 13 W. King 31 87 John Wallace 2 97

part 13 W. King 29 97 John Wilson 2 80

lot 2 E. King 34 72 John Wilson 3 23

5 E. King 24 33 John Fraser 2 29

6 E. King 23 59 John McWater 2 20

7 E. King 23 45 Wm. Perrin 2 20

7*8 E. King 25 87 Frank McMurtry 2 41

4 E. King 31 24 Jos. Phillips 2 92

9 E. King 29 21 Frank McMurtry 2 73

10 E. King 32 09 D. Broderick 2 99

11 E. King 29 50 E. H. Piggott 2 75

11 & 12 E. King 52 55 Robt. Barry 4 90

part 12 E. King 25 71 R. J. Brown 2 40

13 <fc 14 E. King 21 57 Wm. Piggott 2 02

part 14 & 15 E. King 20 74 Wm. White 1 94

part 16 & 17 E. King 27 82 C. Akins 2 60

17 & 18 E. King 42 51 Adolphus Jackel 3 97

part 18 E. King 28 32 Thos. Elliott 2 67

19 E. King 26 44 Doug. Anderson 2 47

part 6 W. King 18 35 J. R. Morrow 1 72

1 & 2 E. King 22 91 Syl. Campbell 2 41

3 E. King 26 90 Adam Campbell 2 51

3*4 E. King 23 99 C. St. Peter 2 24

King

'832 Chap. 78. town of midland. 6 Edw. VII

King Street Sewek Connections. — Continued.

Total Annual

Lot. Street. cost Owner. payment.

5 E. King 25 93 Rich. Jennett 2 41

6 E. King 22 95 Robt. Brown 2 14

7 E. King 21 64 Jno. Bemrose 2 02

. 8 E. King 22 57 T. Craighead 2 11

9 E. King 23 56 Alex. McKee 2 20

11 E. King 64 15 Robt, McCracken .... 5 99

block A W.King 28 99 Ed. Letherby 2 71

part A W. King 77 31 D. S. Storey 7 22

A W. King 26 83 Geo. Chew .' 2 50

A W. King 25 88 Jno. Fraser 2 69

A W. King 25 04 Michael Fraser 3 34

lot 4 & 5 E. King 29 39 W. H. Bennett 2 74

4 & 5 E. King 36 41 W. H. Bennett 3 40

part 3 E. King 34 92 Nap. Laurandeau 3 26

part 7 & 8 E. King 38 91 W. H. Bennett 3 63

9 E. King 29 35 Wm. Rogers 2 74

part 8 & 9 E. King 32 52 Jas. Stafford 3 04

16 W. King 60 00 F. W. Jeffery 5 60

part 6 E. King 1 64 H. E. Macartney 15

block W. King 23 62 M. Fraser 2 20

Midland Avenue Sewer Connections.

20 E. Midland 27 40 Wm. Hunter 2 56

part 19 E. Midland 30 30 Chas. Taylor 2 83

part 19, 18 E. Midland 28 93 John Booth 2 70

n. £ 18 E. Midland 26 82 Mrs. Wm. McKinley ... 2 50

17 E. Midland 33 54 C. E. Duffield 3 13

15 & 16 E. Midland 32 45 Wm. Hartley 3 03

14 E. Midland 32 14 Miss E. Nickerson 3 03

13 ' E. Midland 36 15 S. Vivian 3 37

12 E. Midland 36 00 Mrs. E. Broley 3 37

s.part 8 W. Midland 30 51 Wm. Peters 2 83

7 W. Midland 27 12 M. Moslev 2 53

2 W. Midland 42 51 J. C. McDonald 3 97

1 W. Midland 30 31 H. McDonald 2 83

3 & 4 W. Midland 29 13 Thos. Henry 3 03

6 W. Midland 25 90 A. Jackel 2 42

8.9&10 W. Midland 25 88 D. Grise 2 42

5 W. Midland 29 09 G McGill 2 72

7 W. Midland 24 20 Mrs. O'Connor 2 26

6 W. Midland 35 89 Sim Terry 3 35

8 W. Midland 22 55 D. Broderick 2 10

part 5 E. Midland 27 02 Wm. Dudley 2 52

7 E. Midland 32 82 T. Timmons 3 06

6 E. Midland 25 60 J. A. Nicklin 2 39

5 W. Midland 30 27 W. J. Lovering 2 83

4 E. Midland

1 E. Midland

4 W. Midland 30 44 Thos. Argue 2 84

3 W.Midland 27 15 Wm. H. Davis 2 53

part 5 E. Midland 24 48 Mrs. Robt. Melia 2 28

2 W. Midland 30 02 John Johnston 2 82

part 1 W. Midland 29 06 A. Jackel 2 72

3 E. Midland 43 40 Dr. McDonald 4 05

2 E. Midland 29 35 J. Wilkinson 2 73

part 3 E. Midland 28 26 Cyrus Moth, 2 64

19 W.Midland 50 33 G. Copeland & Son ... 4 70

part 18 & 19 W.Midland 24 88 Mrs. E. Cameron 2 32

17 W. Midland 26 27 S. Millie-an 2 45

part 15 & 16 W. Midland 27 43 Wm. McTavish 2 56

part 15 W. Midland ' 25 08 John Ellison 2 34

part 14 W. Midland 21 82 S. Argue 2 05

Midland

1906.

TOWN OF MIDLAND.

Chap. 78 633

Midland Avenue Sevvek Connections. — Continued.

Total Annual
Lot. ' Street. cost Owner. payment,

part 13 & 14 W. Midland 24 19 P. Fletcher 2 26

11 & 12 W. Midland 28 36 Rich. Stephens 2 65

8 E. Midland 25 73 Jas. Davenport 2 40

7 E. Midland 20 74 Ed. Brown 1 94

6 E. Midland 29 32 Geo. Elliott 2 73

5 E. Midland 28 23 Dr. R. Raikes 2 64

4 E. Midland 55 37 Albert Rubv 5 17

3 & 2 E. Midland 26 96 H. S. Ruby 2 51

1 E. Midland 8 15 Digby Horrell 79

First Street Sewer Connections.

5 & 6 W. First 42 97 John Morrow 4 01

4 \V. First 37 10 Thomas Tremeer 3 46

4 W. First 28 93 Thomas Tremeer 2 70

2 W. First 29 36 Henrv Hocken 2 74

1 E. First 25 71 R, J. Timmins 2 40

3 W. First 21 75 Mrs. Gregory 2 03

15 & 16 E.Montgomery 24 99 R. Webber 2 33

12 E.Montgomery 35 65 E. Bourgeois 3 33

3 E. First 11 90 Dr. F. G. Wallbridge... 1 11

Bay Street Sewer Connections.

S. Bay 22 95 Wm. Rogers 2 14

1, 2, 3. 4 & 5 N.Bay 34 90 D. S. Pratt 3 26

part 8 Queen, S. Bay 17 19 Frank Smith 1 60

10 King, S. Bay 29 85 D. Broderick 2 79

10 King, S. Bay 27 80 D. Broderick 2 59

6 & 7 N.Bay 134 56 Turner Lumber Co. ... 12 56

Hugel Avenue Sewer Connections.

part 7 & 8 N. Hugel 102 25 Dr. D. Hood 9 54

7 & 8 S. Hugel 41 36 M. O'Hare 3 86

4, 5, 6 S. Hugel 39 71 Presbyterian C 3 71

19, 20 S. Hugel 30 43 M. Moses 2 87

22.23,24 N. Hugel 42 98 H. E. Macartney 4 01

25, 26 S. Hugel 56 75 Chas. Smith 5 30

25, 26 N. Hugel 37 01 W. Finlavson 3 45

30,31,32,33 S. Hugel 45 95 Mrs. J. B. Horrell 4 29

38, 39, 40 N. Hugel 57 93 C. L. MaUbv 5 41

12 S. Hugel 55 70 T. ^Tott:no-ham 5 19

10, 11 S. Hugel 60 26 J. M. Wallace 5 62

Dominion Avenue Sewer Connections.

13 N. Dominion 30 34 James Demorest 2 87

6 N. Dominion 90 07 H. J. Craig 8 41

5 S. Dominion 55 55 Jos. Carr 5 18

Third Street Sewer Connections.

7 & 8 F. Third 32 74 Mrs. Marv Taylor 3 06

7 W. Third 39 94 H. J. Craig 3 73

Dufferin Street Sewer Connections.

1, 2. 3. 4 & 5 W. Dufferin 24 93 E. Simpson 2 33

4 to 10 W. Dufferin 138 43 High School 12 92

Victoria Street Sewer Connections.

part 1 &- 2 N. Victoria 29 62 Wm. .Stephens 2 76

part 1 <fc 2 N. Victoria 29 fi9 Jas. Tindall 2 76

part 1 & 2 N. Victoria 72 99 Dr. McGill 6 81

1 N. Victoria 40 16 D. Grise 3 75

Victoria

634 Chap. 78. town of midland. 6 Edw. VII

Victoria Street Sewer Connections. — Continued.

Total Annual

Lot. Street. cost Owner. payment.

1 S. Victoria 47 99 Gladstane Estate ~t 48

A S. Victoria 38 56 S. Rogers 3 60

.20 S. Victoria 26 91 M. O'Hare 2 51

1 N. Victoria 86 82 D. L. White, Jr 8 10

1 N. Victoria 81 81 J. B. Hanly 7 46

Frederick Street Sewer Connections.

Total Annual

Lot. Street. cost Owner. payment.

part 15, 16 W. Frederick 37 97 John Stamp 3 55

1 & 2 E. Frederick 29 51 Ben Roebuck 2 75

17 W. Frederick 43 82 Chas. Fusee 4 09

part 13 W.Frederick 17 07 Geo. Dobson 169

14 W. Frederick 53 30 Wallace & Cook 4 97

part 13 W. Frederick 34 24 A. Laidlaw 3 20

SCHEDULE "C."
By-Law No. 619 of the Corporation of the Town of Midland.

A By-law to authorize the corporation of the Town of Midland to
issue debentures to the amount of thirty thousand dollars for
the purpose of constructing permanent cement sidewalks in the
Town of Midland, which indebtedness is, in part, represented
hy an overdraft in the Western Bank of Canada.

Whereas the said corporation desires to complete the said system
of sidewalks and to expend in all the sum of thirty thousand dollars
on the said sidewalks ;

And whereas the said corporation desires to provide for the
payment of the said sum as a general debt out of the funds of the
municipality, and not on the local improvement plan ;

And whereas it is necessary for such purpose to raise the sum
of thirty thousand dollars by the issue of debentures of the said
municipality, and to spread the payment thereof over a period
of thirty years ;

And whereas in order to raise the said sum of thirty thousand
dollars it will be necessary to issue debentures for the said sum
of thirty thousand dollars as hereinafter provided, which is the
amount of the debt intended to be created by this by-law, the
proceeds of the said debentures to be applied for the purpose of
paying the present indebtedness incurred as aforesaid, and for the
completion of the said sidewalks, and no other purpose ;

And whereas it is desirable to issue the said debentures at one
time, and to make the principal of the said debt repayable by
yearly sums during the period of thirty years, being the currency
of the said debentures ; the said yearly sum being of such respec-
tive amounts that the aggregate amount payable in each year for
principal and interest in respect of said debt shall be as nearly
as possible equal to the amount so payable in each of the other
twenty-nine years of the said period of thirty years ;

And whereas the total amount required bv The Municipal Act
to be raised annually by special rate for paying the said debt and
interest as hereinafter provided is $1,841.75;

And whereas the whole amount of the whole rateable property
of the Town of Midland, according to the last revised assessment
roll thereof, is the sum of $1,113.987 00:

And

1906.

TOWN OF MIDLAND.

Chap. 78

635-

And whereas the amount of the existing debenture debt of the
said municipality is $250,543.63, whereof no part either for prin-
cipal or interest, is in arrear;

Therefore the municipal council of the Town of Midland enacts
as follows: —

1. That for the purpose of raising the sum of thirty thousand
dollars, debentures of the said Town of Midland amounting to the
sum of $30,000.00, as aforesaid, in the sum of $1,841.75 each,
which shall be issued on the fifteenth day of September, A.D. 1906,
payable one each on the fifteenth day of September in the years
1907 to 1936, inclusive, at the office of the treasurer of the Town
of Midland, without interest, the interest on the said loan, cal-
culated at the rate of four and one-half per cent, per annum,
being already included in the amount of the said debentures.

2. It shall be lawful for the mayor of the said municipality,
and he is hereby authorized and instructed, to sign and issue the
said debentures hereby authorized to be issued, and to cause the
same to be signed by the treasurer of the said municipality, and
the clerk of the said municipality is hereby authorized and in-
structed to attach the seal of the said municipality to the said
debentures.

3. That during the currency of the said debentures there shall
be raised annually by special rate on all the rateable property of
the Town of Midland the sum of $1,841.75 for the purpose of paying
the amount due in each of the said years for principal and interest
in respect of the said debt.

4. This by-law shall not come into force or be of any effect what-
soever until after the municipal council of the Town of Midland
shall be empowered and authorized to pass the same, and until the
said by-law shall have been declared valid and binding upon the
said municipality by an Act of the Legislative Assembly of the
Province of Ontario.

5. Subject to the provisions of the fourth paragraph hereof
this by-law shall take effect on, from and after the day upon which
any Act of the said Legislative Assembly declaring this by-law valid
and binding upon the said municipality shall come into force.

Dated this 21st day of March, A.D. 1906.

W. FlNLAYSON,

Mayor.

(Seal.)

Thos. I. Trueman

Clerk.

CHAPTER

636 Chap. 79. township of mountain. 6 Edw. VII

CHAPTER 79.

An Act respecting the Township of Mountain.

H UREAS the Corporation of the Township of Moun-

T T tain, in the County of Dundas, has by its petition
represented that the Township was originally surveyed in
or about the year 1798 ; that the said Township was sur-
veyed into lots containing two hundred and four acres net
each ; that said lots have been patented as two hundred acres
net each ; that in the said original survey of the said Town-
ship, an allowance for road of one chain in width was lef^
on the south side of each alternate concession line only,
commencing with the first concession; that, until lately,
the said Corporation always understood and believed that
an allowance for road of one chain in width had been left
on the south side of each concession line in the said Town-
ship, by the said original survey; that, under these cir-
cumstances, and acting in good faith, they caused to be
opened up and constructed public highways on portions
of what they so believed to be road allowances, but which
were not road allowances b> the said original survey ; that
it is of importance to the inhabitants of said Township
that allowances for roads on the south side of all the said
concession lines should exist beyond all doubt or question,
and that the said Corporation should be freed from all
apprehension of legal proceedings being taken against
them for causing the said public highways to be opened
up and improved; that, unless the said highways be opened
up throughout their entire length, many settlers in
said Township will be without any public highway or
allowance for road to reach their lands, and such portions
of said highways as have been opened up may be closed
by the owners of the adjoining lands and very great trouble
and inconvenience occasioned to the inhabitants of said
Township and the council thereof; and whereas the said
Corporation has prayed that an Act may be passed enact-
ing that in the said Township there shall be an allow-
ance for road, one chain in width, left upon the south side
of each of said concession lines where no allowance for road

Assented to 14th May, 1906.

was

1906. TOWNSHIP OK mountain Chap. 79. 637

was so left by the said original survey ; and whereas no
opposition has been offered to the said petition; and
whereas it is expedient to grant the prayer of the said peti-
tion ;

Therefore His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

Koad allow-
ances on

1. In the Township of Mountain, in the County of
Dundas, there is hereby reserved and established an allow- certain con^
ance for road of one chain in width upon the south side of

each of the concession lines in the said original survey of
the said Township, lying and being between the first and
second, third and fourth, fifth and sixth, seventh and
eighth, ninth and tenth, and eleventh and twelfth conces-
sions of said township.

2. The said Corporation shall make compensation to the ^o^nereof11
owners of the lands adjacent to or constituting such roads adjacent lands
as shall be opened under the provisions of this Act, for so

much land only so taken for said road allowances as may
in any case reduce the area of the lot from which the land
is taken, to less than two hundred acres or below the basis
of two hundred acres for each original full lot, and to the
extent only of such reduction; and the said Corporation
shall also make compensation in all cases for all im-
provements made by any one before the passing of this Act,
upon the roads hereby provided for; the amount of such
compensation, if not mutually agreed upon, to be deter-
mined by arbitration under the provisions of The Consoli-
dated Municipal Act, 1903.

3. The costs of all such measurements as shall be neces-

_ . measurements.

sary to determine the area mentioned m the preceding
section hereof shall be paid by the said Corporation.

CHAPTER

Chap. 80.

TOWN OF NAPANEE.

6 EDW. VII

CHAPTER 80.

An Act to confirm By-law number 718 of the Town
of Napanee.

WHEREAS the Corporation of the Town of Napanee
has Dy petition represented that pursuant to the pro-
visions of chapter 60 of the Acts passed in the fifth year of
the reign of His Majesty King Edward VII, the council
of said town, on the 7th day of July, A.D. 1905, sub-
mitted to a vote of the duly qualified electors, by-law No.
718 of the said town, intituled "A by-law to authorize the
construction and installation of an Electric Light Plant,
and the purchase of the necessary land, and the erection of
the necessary buildings therefor, and to provide for the
issue of debentures of the said town to the amount of
$35,000, and to raise the sum required therefor," when out
of four hundred and ninety ratepayers entitled to vote
thereon two hundred and fifty-four voted for said by-law
and twenty-seven against it; that on the 24th day of July
the said by-law was finally passed and thereafter
was duly registered as required by law; that in pur-
suance of said by-law the corporation of the said
town has purchased the necessary land and erected
thereon, a power house, and has purchased and erec-
ted upon the streets of said town the poles necessary
for carrying the wires in connection with the pro-
posed electric light system; that on the 2nd day of
October, A.D. 1905, a motion to quash the said by-law
was made in the High Court of Justice by Alfred Knight,
Manager of the Napanee Water & Electric Light Com
pany, upon the grounds that no time was appointed by
the council for finally considering and passing said by-
law, and that no notice thereof was published for one
month in any newspaper in the municipality, as required
by section 569 of The Consolidated Municipal Act, 1903,
which motion was dismissed on the 27th day of Novem-
ber, A.D. 1905, without costs; that on the 30th day of
October, A.D. 1905, a motion to quash the said by-law

Assented to 27th April, 1906.

was

1906.

TOWN OF NAPANEE.

Chap. 80

was made in the High Court of Justice by Sir Richard J.
Cartwright, proprietor of the Napanee Gas Company,
upon the same grounds and upon the further ground that
said by-law had not been published for one month in any
newspaper in said municipality, which motion was dis-
missed on the 27th day of November, A.D. 1905, without
costs; that the said Alfred Knight and Sir Richard J.
Cartwright have appealed against said judgments to the
Court of Appeal for the Province of Ontario, which said
appeals are now pending; that the said section of The
Consolidated Municipal Act, 1903, required the publica-
tion of the by-law for one month in some newspaper pub-
lished in the municipality, and the said by-law was puo-
lished once a week for four weeks during the month of
June, that is to say, on the 2nd, 9th, 16th and 23rd, in
the Napanee "Beaver" and the Napanee "Express," two
weekly newspapers published in the said town, but owing
to an inadvertence, the fifth publication was omitted;
that in the opinion of the learned Judge who heard the
said applications, the result was not affected by the omis-
sion, nor did the said applicants suffer any prejudice
thereby; that the said Judge held that the failure to give
notice of a day for finally considering and passing the said
by-law was immaterial ; that the said Judge further
found that the said applications were not really made in
the interests of the ratepayers, but in the interest of the
companies with which the applicants were connected, and
which would be obliged to carry on business in competi-
tion with the works provided for by the said by-law; that
pending the disposal of the said appeal, the said corpora-
tion is. unable to proceed with the said works, or to pro-
vide the inhabitants of the town with electric light, or to
light the streets thereof, that if the said by-law should be
quashed as a result of the said appeal, great inconvenience
and loss would be caused to the inhabitants of the said
town, and the object of the said Act passed in the fifth
year of His Majesty's reign would be defeated and de-
layed, and the council of said town would be compelled
to commence anew proceedings for passing a by-law in
similar terms to the one so quashed; that it is in the inter-
ests of the said town that an Act should be passe''
to legalize and confirm the said by-law and to authorize
the issue and sale of debentures as provided in said by-
law ; and whereas the said Corporation of the Town of
Napanee, has by the said petition prayed that an Act may
be passed to legalize and confirm the said by-law and to
authorize the issue and sale of debentures as provided
therein in said by-law; and whereas - it is expedient to
grant the prayer of said petition :

Therefore His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

640

Chap. 80.

TOWN OF NAPANEE.

6 EDW. VII

By-law No. 7ix 1. By-law No. 718 of the Corporation of the Town of
Na'panee0 Napanee, set forth in Schedule "A" to this Act is con-
confirmed, firmed and declared to be legal, valid and binding on the
Municipal Corporation of the Town of Napanee and the
ratepayers thereof, notwithstanding any defect or error
in substance or form of the said by-law, or in any pro-
ceeding relating thereto, or in the manner of passing the
same, and the said Corporation of the Town of Napanee
may issue and sell debentures in accordance with the said
by-law, and may do all necessary acts for the full and
proper carrying out of the said by-law.

notto°beappeal ^°^n°' in this ^-ct contained shall affect the costs
affected. of any appeal now pending, but the same shall be in the
discretion of the court, and may be determined and awarded
in the same manner as if this Act had not been passed.

SCHEDULE "A."
By-Law No. 718.

Passed on the 24th day of July. A.D. 1905.

A by-law to authorize the construction and installation by the
town of Napanee of an electric light plant, and the purchase of
the necessary land, and the erection of the necessary buildings
therefor, and to provide for the issue of debentures of the said
town to the amount of $35,000, and to raise the sum required there-
for.

Whereas it is advisable that the municipal council of the corpora-
tion of the town of Napanee should construct an electric light plant
for the town of Napanee, not to exceed in cost the sum of $35,000.00.

And whereas in order thereto it will be necessary to borrow and
to issue debentures of the said municipality for the sum- of $35,-
000.00 as hereinafter provided (which is the amount of the debt
intended to be created by this by-law) the proceeds of the said
debentures to be applied to the purpose aforesaid, and to no other.

And whereas it is desirable to issue the said debentures at one
time, and to make the principal of the said debt repayable by
vearly sums during the period of thirty years, being the currency
of said debentures, said sums being of such respective amounts
that the aggregate amount payable in each year for principal and
interest in respect of said debt shall be as nearly as possible equal
to the amount so payable in each of the other twenty-nine years
of said period, as shown in Schedule "A" hereto annexed ;

And whereas the total amount required by The Municipal Act to
be raised annually by special rate for paying the said debt and
interest, as hereinafter provided, is $2,024.05;

And whereas the amount of the whole rateable property of the
town of Napanee, according to the last revised assessment roll, is
$995,704;

And whereas the amount of the existing debenture debt of the
said municipality is $40,708.20, whereof no amount of principal
»nd no amount of interest are in arrear;

Therefore the municipal council of the corporation of the town
of Napanee enacts as follows: —

1. The municipal coiincil of the said town of Napanee shall expend
a sum not exceeding the sum of $35,000.00 in the construction and
installation of an electric light plant for the said town of Napanee

and

1906.

TOWN OF NAPANEE.

Chap. 80

641

and for the purchase of the necessary land and the erection of the
necessary buildings therefor, and for the purpose of raising the
said sum, debentures of the said town to the amount of $35,000.00,
as aforesaid, in sums of not less than $100.00 each, shall be issued
on the first day of September, A.D. 1905, each of which debentures
shall be dated on the date of the issue thereof, and shall be pay-
able within thirty years thereafter, namely, on the first day of
September, A.D. 1935, at the Merchants' Bank of Canada, in the
said town of Napanee.

2. Each of the said debentures shall be signed by the mayor of
t he said town of Napanee, or by some other person authorized by
by-law to sign the same, and by the treasurer of the said town of
Napanee, and the clerk shall attach thereto the corporate seal of
the municipality.

3. The said debentures shall bear interest at the rate of four per
centum per annum, payable yearly, at the said Merchants' Bank
of Canada, on the first day of September in each and every year,
during the currency thereof, and shall have attached to them cou-
pons for the payment of the said interest, which coupons shall be
signed by the mayor and the treasurer of the said town of Napanee.

4. During the currency of the said debentures there shall be raised
annually by special rate on all the rateable property in the said
town of Napanee the sum of $2,024.05 for the purpose of paying
the amount due in each of the said years for principal and interest
in respect of the said debt, as shown in Schedule "A" attached
hereto.

5. This by-law shall take effect on the day of the date of the final
passing thereof.

6. The votes of the electors of the said town of Napanee shall be
taken on this by-law on Friday, the seventh day of July next, com-
mencing at the hour of nine o'clock in the forenoon, and continuing
until five o'clock in the afternoon of the same day, by the following
deputy returning officers, and at the following places, that is to
say : —

West Ward, No. 1, at Frank Bowen's residence, C. W. Bowen,
D.R.O.

West Ward, No. 2, at J. R. Clapp's residence, Geo. Vanalstine,
D.R.O.

Central Ward, No. 1, at town hall, Chas. Walters, D.R.O.

Centre Ward, No. 2, at E. B. Hemstreet's residence, Patrick
Oleeson, D.R.O.

East Ward, James Perry's office, James Perry, D.R.O.

7. hOn Thursday, the sixth day of July, A.D. 1905, the mayor of
the said town of Napanee shall attend at the council chamber at
12 o'clock, noon, to appoint persons to attend at the various polling
places aforesaid, and at the final summing up of the votes by the
clerk on behalf of the persons interested in and promoting or oppos-
ing the passing of this by-law, respectively.

8. The clerk of the council of the said town of Napanee shall
attend at his office in the town hall at ten o'clock in the forenoon of
Saturday, the eighth day of July, A.D. 1905, to sum up the votes
for and against the by-law.

Dated at the town hall, in the town of Napanee, the 24th day of
July, A.D. 1905.

(Sgd.) John Lowry,

Mayor.

(Sgd.) W. A. Grange,

41 s.

Schedule

642

Chap. 80.

TOWN OF NAPANEE.

6 Edw. VII

Schedule A.

Referred to in the foregoing by-law, shewing how the amount of
$35,000 thereby required to be raised annually by special rate is
apportioned.

Year. Principal. Interest. Total.

1906 $624 05 $1,400 00 $2,024 05

1907 649 01 1,375 04 2,024 05

1908 674 97 1,349 08 2,024 05

1909 701 96 1,322 09 2,024 05

1910 730 10 1,293 95 2,024 05

1911 759 22 1,264 83 2,024 05

1912 789 62 1,234 43 2,024 05

1913 821 22 1,202 83 2,024 05

1914 854 06 1,169 99 2,024 05

1915 888 22 1,135 83 2,024 05

1916 923 75 1,100 30 2,024 05

1917 960 71 1,063 34 2,024 05

1918 999 13 1,024 92 2,024 05

1919 1,039 08 984 97 2,024 05

1920 1,080 66 943 39 2,024 05

1921 1,123 89 900 16 2,024 05

1922 1,168 83 855 22 2,024 05

1923 1,215 60 808 45 2,024 05

1924 1,264 22 759 83 2,024 05

1925 1,314 78 709 27 2,024 05

1926 1,367 38 656 67 2,024 05

1927 1,422 06 601 99 ' 2,024 05

1928 1,478 95 545 10 2,024 05

1929 1,538 13 485 92 2,024 05

1930 1,599 64 424 41 2,024 05

1931 1,663 63 360 42 2,024 05

1932 1,730 16 293 89 2,024 05

1933 1,799 42 224 63 2,024 05

1934 1,871 34 152 71 2,024 05

1935 1,946 21 77 84 2,024 05

$35,000 00

(Sgd.) John Lowrt,

Mayor.

(Sgd.) W. A. Grange,

Clerk.

41a s.

CHAPTER

1906. NEEBING AND PAIPOONGE. Chap. 81 643

CHAPTER 81.

An Act respecting the Municipality of Neebing and
the Corporation of the Municipality of Pai-
poong"e, 1906.

HEREAS the Corporation of the Municipality of Pai- Preamble.

** poonge, has by petition represented that an adjust-
ment was made as required by law of the assets and liabil-
ities of the municipality of Neebing pursuant to section
two of "An Act to incorporate the corporation of the muni-
cipality of Paipoonge," and by such adjustment it was
agreed that the corporation of the municipality of Pai-
poonge should assume and pay liabilities amounting to
|3,505.23; that by reason of the floods in the year 1904 an
excessive and unforeseen expenditure on roads and bridges
was incurred, which, together with the liabilities assumed
as aforesaid and accrued interest amounted to $4,500; and
that it was necessary that the petitioners should consol-
idate this floating indebtedness and issue debentures there-
for in order not only to put the affairs of the municipality
on a good financial basis but also to the saving of consid-
erable interest, which would otherwise have to be paid on
such floating indebtedness; and that the petitioners did on
the eighth day of July, 1905, submit by-law number 25 of
the said municipality to the duly qualified ratepayers
thereof entitled to vote thereon, after duly publishing the
said by-law in the Port William "Times Journal," a news-
paper published at the Town of Fort William and
that out of one hundred and sixty-three votes entitled
to be cast thereon, twenty-seven were cast in favor thereof
and twenty-five against the same ; that doubts have arisen
as to the validity of said by-law owing to the nature of
the debt intended to be created thereby and otherwise;
and that the said by-law was finally passed by the council
of the said municipality on the fifteenth day of July, 1905,
and was thereafter duly registered in the registry office in
and for the District of Thunder Bay and that no objection
has been made thereto on the part of any ratepayer and
that no application has been made to quash or set aside the
said by-law ; and that no action is pending wherein the

Assented to 27th April, 1900.

validity

644

Chap. 81.

NEEBING AND PAIPOONGE.

6 Edw. VII

By-law No. 25
of Paipoonge
confirmed.

validity of sucli by-law has been or can be called in ques-
tion; and whereas the corporation of the municipality of
Paipoonge and the municipality of Neebing having by
petition prayed for special legislation in respect of the
above and other matters herein set forth ; and whereas it
. is expedient to grant the prayer of the said petition ;

Therefore His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of Ontar-
io, enacts as follows;

1. By-law number 25 of the corporation of the munici-
pality of Paipoonge intituled "A by-law authorizing the
issue of debentures of the Township of Paipoonge to the
amount of $7,000, for the purpose o'f paying the existing
liabilities of the said Township of Paipoonge amounting to
$4,500, and to expend for machinery, gravel and other
improvements on roads the sum of $2,500," and a true
copy of which is set out in Schedule "A" hereto, be and
the same is hereby declared to be and to have always been
since the final passing thereof a valid, legal and existing
by-law of the said municipality ; and the debentures now
issued, or which may or shall hereafter be issued there-
under (when so issued) shall be valid and binding upon
the said corporation and the ratepayers thereof.

Assessors and
collectors rolls

2. Subject to the

provisions of section 3 hereof,
of Neebing and all assessment rolls of the said municipality of Nee-
bing finally revised, all collector's rolls of the said muni-
cipality returned by the collectors thereof and all* collec-
tor's returns made, prior to the separation of the corpor-
ation of the municipality of Paipoonge from the munici-
pality of Neebing, are hereby validated and confirmed,
notwithstanding any irregularity, fault or omission in the
said assessment rolls, collector's rolls or collector's returns,
or in any matter or thing done or omitted to be done in
relation thereto and notwithstanding anything contained
in any Act or Acts to the contrary.

3. All sales of lands, prior to the separation of the cor-
poration of the municipality of Paipoonge from the muni-
cipality of Neebing, and which purported to be made for
arrears of taxes in respect of the lands so sold, are hereby
validated and confirmed, notwithstanding any irregularity
in the assessment or other proceedings for imposition of
any taxes so in arrear, or any failure to comply with the
requirements of The Consolidated Assessment Act, 7892,
or of The Assessment Act or any amendments to either of
the said Acts in regard to the manner in which any assess-
ment roll or collector's roll of the said municipality has
been prepared, or in regard to the certifying or si<?nin<? of
the same, or the making of any affidavit or oath required
in connection therewith, or in regard to the time for the
return of any collector's roll of the said municipality, or

Paipoonge
confirmed.

Sales of land
for arrears
of taxes con-
firmed.

1906.

NEEBING AND PAIPOONGE.

Chap. 81

645

in regard to the furnishing, authenticating, or depositing
of any list of lands in arrear for taxes within the said
municipality or in regard to the mailing of notice to any
person in respect to whose land any taxes appeared at any
time to be in arrear, or in regard to any omission to levy
the amount of any such taxes in arrear by distress and sale
of goods, and notwithstanding any other failure or omis-
sion on the part of any official of the said municipality to
comply with any requirements of the said Acts, and not-
withstanding anything to the contrary in either of the said
Ads contained; provided, however, that any land so sold
for taxes which is still held by the corporation may be
redeemed by the owner thereof or any mortgagee thereon
prior to the 15th day of July, 1906, by such owner
or mortgagee paying to the corporation the full
amount which would have been necessary to redeem
the same, within one year from the day of sale as
provided in The Assessment Act, including interest, the
costs and charges of the sale and a sum for any year or years
in which the same may not have been rated for taxes equal
to what would have been the taxes thereon at the current
rate for such year or years if the land had been assessed
to a private person, and also interest upon the several
sums to the time of such redemption ; and provided fur-
ther that nothing in this Act contained shall affect any
rights which are the subject of litigation at the time of the
passing of this Act, or which may be the subject of litiga-
tion prior to the said 15th day of July, 1906; and provided
further that nothing in this Act contained shall be held,
or deemed to validate any sales of unpatented lands (other
than the locatee's interest therein) purporting to have been
made for arrears of taxes.

SCHEDULE "A."
By-law No. 25

A Bylaw authorizing the issue of Debentures of the Township of
Paipoonge to the amount of $7,000, for the purpose of paying
the existing liabilities of the said Township of Paipoonge
amounting to $4,500, and to expend for machinery, gravel
and other improvements on roads the sum of $2,500.
Whereas the corporation of the municipality of the Township of
Paipoonge has existing liabilities amounting to $4,500, which it
is deemed advisable to pay ;

And whereas it is desirable that the sum of $2,500 should be
expended by the Township of Paipoonge in improving the roads of
the Township of Paipoonge, in the purchase of road machinery,
gravel and other improvements to roads, and that the said sum,
together with the sum above mentioned to pay the existing lia-
bilities, should be raised on the credit of the township ;

And whereas in order thereto, it will be necessary to issue deben-
tures of the Township of Paipoonge for the sum of $7,000, as here-
inafter provided, (which is the amount of the debt intended to be
created by this by-law), the proceeds of the said debentures to be
applied to the said purposes and to no others;-

And whereas the total amount required by The Municipal Art
to be raised annually by special rate for paying the said debt and
interest is the sum of $561.69, whereof $350.00 is to be raised an-
nually

646

Chap. 81.

NEEBING AND PAIPOONGE.

6 Edw. VII

nually for payment of interest during the currency of the said
debentures and $211.69 is to be raised annually for the purpose of
creating a sinking fund for payment of the debt secured by the
said debentures ;

And whereas the whole amount of rateable property of the Town-
ship of Paipoonge according to the last revised assessment roll
thereof is $288,000;

And whereas the amount of the existing debenture debt of the
said municipality is $2,000, of which no portion of principal or
interest is in arrears ;

Therefore the municipal council of the corporation of the Town-
ship of Paipoonge enacts as follows :

1. The sum of $4,500 shall be expended by the Township of Pai-
poonge in paying the existing liabilities of the Township of
Paipoonge, and the sum of $2,500 shall be expended by the Town-
ship of Paipoonge in purchasing machinery, gravel and general
road improvements in the said Township of Paipoonge, and for the
purpose of raising the said sum, namely, $7,000, debentures of the
Township of Paipoonge to the said amount of $7,000, in the whole,
shall be issued in sums of not less than $100 each, which said
debentures shall be dated on the 15th day of July, 1905, and shall
be payable on the 15th day of July, 1925, at the Bank of Montreal,
in the Town of Fort William.

2. Each of said debentures shall be signed by the reeve of the
said Township of Paipoonge, or by some other person authorized
by by-law to sign the same, and also by the treasurer thereof, and
the clerk of the said township shall attach the corporate seal of
the municipality

3. The said debentures shall bear interest at the rate of five per
centum per annum payable half yearly at the said bank on the
15th days of July and January in each and every year during the
currency thereof, and shall have attached to them coupons for
payment of the said interest, which coupons shall be signed by the
said reeve and treasurer.

4. During the currency of the debentures there shall be raised
annually by special rate on all the rateable property in the said
Township of Paipoonge, the said sum of $350.00 for payment of
interest on the said debentures, and the said sum of $211.69 for
the purpose of creating a sinking fund for the payment of the
debt hereby secured, making in all the sum of $561.69 to be raised
annually, by special rate as aforesaid during each of the said
twenty years.

5. This by-law shall take effect on the 15th day of July, 1905.

6. The votes of the electors of the said Township of Paipoonge
shall be taken on this by-law at the following times and places,
that is to say, on Saturday, the 8th day of July, 1905, commencing
at the hour of nine o'clock in the forenoon and continuing till
five o'clock in the afternoon of the same day, by the following
deputy returning officers, namely, by James Williamson, at Stanley
school house; and by A. W. Trewin, at Rosslyn hall.

7. On Monday, the 3rd day of July, 1905, the reeve of the said
township shall attend at the town hall of the said Township of
Paipoonge at ten o'clock in the forenoon to appoint persons to
attend at the various polling places aforesaid and at the final
summing up of the votes by the clerk on behalf of the person*
interested in and promoting or opposing the passing of this by-law
respectively.

8. The clerk of the said Township of Paipoonge shall attend at
the town hall at ten o'clock in the forenoon of Tuesday, the 11th
day of July, 1905, to sum up the number of votes given for and
against this by-law.

Dated at the town hall in the Township of Paipoonge, on the
15th day of July, 1905.

(Seal).

Jno. Parkinson, Reeve.
A. W. Trewin, Clerk.

CHAPTER

1906.

TOWN OF NTAGARA-ON-THE-LAKE.

Chap. 82

647

CHAPTER 82.

An Act to confirm By-laws numbers 516 and 522
of the Town of Niagara-on-the-Lake.

HEREAS the Municipal Corporation of the Town Preamble.

»* of Niagara-on-the-Lake has, by petition, repre-
sented that the Niagara Engine Works Company, Lim-
ited, a manufacturing company about to engage in the
manufacture of gas and gasoline engines, and other kin-
dred industries and employments, have applied to the
Municipal Corporation of the said Town for a partial
exemption of the property real and personal of the said
Company for a period of twenty years from and including
the first day of January, 1906, that it to say : Exemption
of all the assessed value thereof, upon the properties set
forth in By-law Number 516 as amended by By-law Num-
ber 522, over and above the sum of $2,000., for the first
ten years commencing with and including the first day of
January, 1906, and ending with and including the thirty-
first day of December, 1915, and over and above the sum
of $5,000 for the second ten years commencing with and
including the first day of January, 1916, and ending with
and including the thirty-first day of December, 1925, and
the furnishing by the' said Municipal Corporation to the
said company of free light (the said Company to furnish
the fixtures and wire their factory) and free water for the
same period of time from the water works system of the
said town ; and whereas the Municipal Corporation of the
said Town did on the fifth day of October, A.D. 1905,
enact by By-law Number 516 of the said Corporation
that the property, real and personal of the Niagara
Engine Works, Limited, in the Town of Niagara-on-the-
Lake, and more specifically defined by amending By-law
number 522, shall be partially exempt from municipal tax-
ation save and except taxation for school rates) for a
period of twenty years from and including the first day
of January, 1906, to the following extent and amount,
that is to say: Exemption of all the assessed value there-

Assented to 27 th April, 1906.

648

Chap. 82.

TOWN OF NIAGARA-ON-THE-LAKE . 6 EDW, VII

of over and above the sum of .$2,000 foi the first ten years
of such period of time and of all over and above the sum
of $5,000, for the remaining ten years of such period of
time, and the furnishing by the said Municipal Corpora-
tion to the said Company for the said periods of time of
free light and free water on the terms and conditions
above set forth; and whereas the said Municipal Corpora-
tion has, by its petition, prayed that an Act may be passed
to ratify and confirm the said by-laws; and whereas it is
expedient to grant the prayer of the said petition;

Therefore His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of On-
tario, enacts as follows: —

and52?o^tiielb 1- Subject to the provisions of sections 2, 3 and 4
g£ra?on-thea" hereof, By-law Number 516, of the Municipal Corr>'>ra-
firmed°n ^on ^e r^own °^ Niagara-on-the-Lake, as set forth in
Schedule "A" to this Act, intituled "A By-law gran iug
free light and water and fixing the assessment of The Nia-
gara Engine Works Company, Limited," as amended by
By-law No. 522, intituled "A by-law to amend by-law num-
ber 516" passed by the said council on the fifth day of
October, 1905, and the twenty-ninth day of January, 1906,
respectively, are confirmed and declared to be legal, valid
and binding upon the said corporation and the said com-
pany.

menfnot to* ^- Notwithstanding anything contained in the said by-
extend beyond laws or in the agreement set out in Schedule "A" hereto,
ist January, ^e fixing of the annual assessment of the real estate, pro-
perty, franchises and effects of the said company there-
under, shall not extend or be effective beyond the first day
of January, 1916.

school and1 fo' 3. Nothing in the said by-laws or agreement contained
local improve- shall affect the assessment of the real estate and property of

ment purposes .-, . -, « l i •

excepted. the sarid company lor school purposes, or local improve-
ments, and the said real estate and property shall be
assessed for and shall be liable to taxes for school purposes
and for local improvement rates in the same manner and to
the same extent as if the said by-laws had not been
passed.

Fixing of 4. The fixing of the assessment, as provided in section 2

i-LSScssm oil r

subject to icer- of this Act, is subject to the performance and observance
tain conditions. ^y ^ said company of the terms, conditions and stipula-
tions set out and contained in the said agreement.

SCHEDULE "A".
By-Law No. 516.

A by-law granting free light water and fixing the assessment
of The Niagara Engine Works Company, Limited.

Be it enacted by the municipal council of the Town of Niagara-
on-the-Lake and it is hereby enacted that the Mayor and Clerk of

the

1906.

TOWN OF NIAGAKA-ON-THE-LAKE.

Chap. 82

(549

the said municipality be, and they are hereby authorized to exe-
cute the agreement between the said corporation and the said
company annexed to this by-law schedule "A" and forming part
hereof.

Read a third time and passed in council this fifth day of Octo-
ber, A.D. 1905.

(Sgd.) Wm. Miller,

Mayor.

(Sgd.) J. H. Burns,

Clerk.

Schedule "A."
Agreement.

Memorandum of agreement made and entered into this day
of October, in the year of our Lord, one thousand nine hundred
and five, between The Niagara Engine Works Company, Lim-
ited, hereafter called the Company, of the First Part, and The
Corporation of the Town of Niagara-on-the-Laka, in the
County of Lincoln, hereinafter called the Corporation, of the
Second Part.

Whereas the undertaking and work of The Niagara Engine Works
Co., Limited, are calculated to contribute materially to the pros-
perity and well being of the ratepayers of the municipality of the
Town of Niagara-on-the-Lake and it is expedient to grant the
requests of the said company to the corporation to furnish the said
company with free light and water and to fix the assessment of
its property within the said municipality as is hereinafter set
forth.

Now this indenture witnesseth that in consideration of the
premises and of the sum of one dollar of lawful money of Canada
paid by each to the other, the receipt whereof is hereby acknow-
ledged, and in consideration of the covenants and agreements
hereinafter contained to be observed and performed by the parties
hereto respectively.

The said company covenants and agrees with the corporation
that it will purchase a suitable site within the limits of the said
municipality and erect and equip a factory and plant thereon for the
manufacture of gas and gasoline engines and such other articles as
it may deem advisable on or before the first day ofJanuary, 1906,
said site, factory and plant to be worth not less than twenty thous-
and dollars and to be owend by the said company on the said first
day of January, 1906, and from and after the said first day of
January, 190G, the said company agrees to carry on in the said
factory for a period of at least twenty years the manufacture of
gas and gasoline engines and other machinery and that it will
employ in said factory not less than fifteen men daily during work-
ing days for at least ten months in each year from April first, 1906,
to January first, 1908, and not less than twenty-five men for at
least ten months in each year from January first, 1908, to Jan-
uary first, 1926.

In consideration of the premises the corporation, so far as it
legally may, agrees with the company to furnish the company dur-
ing the said period of twenty years with electric current at the
company's factory suflr : nt to light the said factory in a suitable
manner free of charge, the crnipany to wire the said factory and
to furnish its own fixtures at its own expense.

The corporation so far as it legally may, also agrees with the
company to furnish the company for the said period of twenty
years from January first 1906, with water from its water works
system sufficient for the purposes of the said factory free of cost
to the company.

The

650

Chap. 82.

TOWN OF NIAGARA-ON-THE-LAKE. 6 Edw. VII

The corporation, so far as it legally may, further agrees with the
company that the annual assessment of all real estate, property,
franchise and effects of the company situate from time to time within
the said municipality and used for the corporate purposes
of the company shall from the first day of January, 1906, till the
first day of January, 1916, be fixed at the sum of two thousand
dollars in each year and from the first day of January, 1916, till
the first day of January. 1926. at the sum of five thousand dollars
in each year and that the said company or its property in the
municipality shall not be liable for any assessment or taxation of
any nature or kind whatsoever beyond the amount to be ascer-
tained in each such year by the application of the yearly rate
levied by the municipal 'council in each such year of the said fixed
assessment.

It is further agreed between the parties that if the said
company shall refuse to pay taxes on the above assessment in any
of the years or if the said company shall fail to carry out its agree-
ment the corporation or any lawful authority on its behalf may
thereafter assess and collect taxes upon the said company or its
property as if this by-law had never been passed.

It is understood and agreed between the parties that the com-
pany shall not be entitled to compensation from or damages against
the corporation for failure of the corporation to supply light or
water as provided in this agreement when such failure is occa-
sioned by the electric light or water works system being out of
repair.

This agreement shall enure to the benefit of and be binding
upon the successors and assigns of the parties hereto as well as
the parties themselves.

In witness whereof the parties hereto have hereunto affixed
their corporate seals, evidenced by the signatures of their proper
officers thereunto legally authorized.

Signed, sealed and delivered in the presence of,

(Sgd.) Joseph Walker,

(Sgd.) Wm. Miller,

Mayor.

(Sgd.) J. H. Burns,

Clerk.

(Seal.)

SCHEDULE "B".

By-Law No. 522.

A by-law to amend by-law No. 516.

Whereas it is expedient to amend by-law No. 516 of the by-
laws of the Town of Niagara.

Therefore the council of the Town of Niagara do hereby amend
said by-law by inserting the following words to the agreement
which is attached to said by-law referring to assessment, viz. :

Said property to consist of present factory and two acres of
land, more or less, as described in deed of sale from John Simp-
son to the Niagara Engine Works Co., Ltd., dated September,
1905.

Passed in open council, this 29th day of January, 1906.

(Sdg.) H. L. Andibson,
[Seal.] Mayor.

(Sgd.) J. H. Burns,

Clerk.

CHAPTER

1906

TOWN OF .NORTH 'IOKONTO

Ctwp. 83.

651

CH A PTE 1 1 »3.

An Act respecting- the Town of North Toronto.

Assented to 27th April, 1906.

WHEREAS the Municipal Corporation of the Town of Preamble.
North Toronto has by petition represented that
doubts have arisen as to the power of the said municipal
corporation to pass by-laws for entering into agreements
with any company, corporation, person or persons for the
supply of light, heat and power by such company, corpor-
ation, person or persons within the said Town and for
lighting the streets and lighting and heating public build-
ings therein and supplying light, heat and power to the
inhabitants of the said Town, owing to the terms of an
agreement entered into between the said Town and the
North Toronto Suburban Water Works and Light Com-
pany, Limited, dated the 18th day of June, 1892, and has
prayed that an Act may be passed to remove all such doubts
and to authorize the Council of the said Corporation to
pass bylaws for the purposes aforesaid, and to confirm cer-
tain tax sales had within the said Town; and whereas it
is expedient to the extent hereinafter set out to grant the
prayer of the said petition;

Therefore His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. The Council of the Municipal Corporation of the Town Town oCNorth
of North Toronto may pass by-laws for constructing and Juthorized toj
erecting works for the purposes of supplying light, heat tScHght ele°"
and power within the said Town and for lighting the streets workejetc.
and lighting and heating public buildings therein and
supplying light, heat and power to the inhabitants thereof
and for entering into agreements with any company, cor-
poration, person or persons for the supply of light, heat
or power, or for the supply of power to furnish light or
heat by such company, corporation, person or persons to
the Corporation of the said Town and the inhabitants

thereof.

652

Chap. 83. town of north Toronto. 6 Edw. VII.

thereof, and for raising money not exceeding $50,000 by
the issue of debentures for the purposes aforesaid, such de-
bentures to be issued and payable in the manner provided
by The Consolidated Municipal Act, 1903, with respect to
by-laws for the creation of debts for the purposes afore-
said. Provided however, that nothing in this section con-
tained shall prejudice or affect any rights possessed by
the North Toronto Suburban Water Works and Light
Company, Limited, under its agreement now existing with
the Town of North Toronto or any rights possessed by
the North Toronto Suburban Water Works and Light
Company, Limited.

sales for ar- 2. All sales of lands within the said Town before the first
confcmed.*68 day of January, 1902, made or purporting to be made for
arrears of taxes in respect of the lands so sold are valid-
ated and confirmed, notwithstanding any irregularity in
the assessment or other proceedings for imposition of any
taxes so in arrears, or any failure to comply with the
requirements of The Consolidated Assessment Act, 1892,
or of The Assessment Act in regard to the manner in which
any assessment roll or collector's roll of the said Town has
been prepared, or in regard to the certifying or signing
of the same, or the making of any affidavit or oath required
in connection therewith, or in regard to the time for the
return of any collector's roll of the said Town, or in regard
to the furnishing, authenticating, or depositing of any
list of lands in arrear for taxes within the said Town, or
in regard to the mailing of notice to any person in respect
of whose land any taxes appeared at any time to be in
arrear, or in regard to any omission to levy the amount
of any such taxes in arrear by distress and sale of goods,
and notwithstanding any other failure or omission on the
part of any official of said Town to comply with any
requirements of the said Acts or The Municipal Act, and
notwithstanding anything to the contrary in any of the
Proviso. said Acts contained. Provided that nothing herein
contained shall be taken or held or be deemed to validate
or confirm any such sale unless taxes were at the time of
such sale actually in arrear for such period of time as
required by the statute in that behalf.

CHAPTER

1 90b.

NORTHUMBERLAND AND DURHAM. Chap. 84.

CHAPTER 84.

An Act respecting the United Counties of Northum-
berland and Durham.

Assented to 27th. April, 1906.

WHEREAS the Municipal Corporation of the United
Preamble.
Counties of Northumberland and Durham has by
petition represented that the said corporation is compelled
by law to erect a House of Refuge before the 1st day of
January, 1908, and that for many years past the county
gaol in Cobourg, situated nearly two miles from the present
court house, has been condemned by various Inspectors of
Prisons, and that the present gaol and old county buildings
connected therewith, can be easily and economically re-
modelled for the purpose of a House of Refuge, and that
land adjacent to such gaol has been purchased for an in-
dustrial farm, and that a new and modern gaol adjacent
to the present court house is necessary on a site which has
been purchased therefor; and whereas the plans for the
conversion of the gaol into a House of Refuge have been
submitted to and approved of by the Inspector of Prisons
and Public Charities; and whereas the Municipal Corpora-
tion of the said United Counties has petitioned praying
that an Act may be passed to declare legal, valid and bind-
ing a by-law of the said municipality numbered 741, to
authorize the Municipal Corporation to issue debentures
to the amount of $60,000 payable in equal annual amounts
of .$3,469.80 in each year for the period of 30 years from
the 2nd day of January, 1906, for the purposes aforesaid;
and whereas it is expedient to grant the prayer of the said
petition ;

Therefore His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of
Ontario, enacts as follows :

1. By-law No. 741 of the municipal council of the By.jaw No 741
corporation of the United Counties of Northumberland ^^an^and
and Durham, set forth in the Schedule "A" to this Act, Durham con-
and the debentures which may be issued thereunder or in rm

pursuance

654

Chap. 84. NORTHUMBERLAND AND DURHAM. EDW. VII.

pursuance of the said by-law, are ratified and confirmed and
declared legal, valid and binding upon the said municipal
corporation and the ratepayers thereof notwithstanding
any want of jurisdiction on the part of the said municipal-
ity to pass the said by-law or to issue the said debentures
and notwithstanding any defect in substance or in form of
the said by-law or debentures or in the manner of passing
or issuing the same; and the Corporation of the United
•Counties of Northumberland and Durham is authorized
and empowered to issue debentures as authorized by the
said by-law; and the said debentures so issued under the
said by-law are declared legal and binding upon the said
municipality ; and the said Corporation is authorized and
empowered to do all acts and things for the full and proper
carrying out of the said By-law No. 741.

SCHEDULE "A."

By-law No. 741 of the Corporation of the United Counties of
Northumberland and Durham.

A By-law to authorize the Municipal Council of the Corporation
of the United Counties of Northumberland and Durham to
issue Debentures to the amount of $60,000 for the purposes
of converting the gaol and old county buildings into a house
of refuge, and the purchase of the necessary land adjacent
thereto for an industrial farm ; and for the erection of a new
gaol in the Town of Cobourg, adjacent to the present Court
House, and the purchase of a site therefor.

Whereas by an Act of the Legislature of the Province of Ontario,
3 Edward VII, chapter 38, entitled An Act respecting Municipal
Houses of Refuge, as amended by 5 Edward VII, chapter 13, sec-
tion 25, county councils are required to erect and establish for
each county, before the 1st day of January, 1908, a house of refuge
for the reception of persons of the classes described in section 526
of The Municipal Act and amendments thereto ;

And whereas for many years past the county gaol in Cobourg,
situated at the distance of nearly two miles from the present Court
House, has been condemned b,y various Inspectors of Prisons ;

And whereas in view of the facts that the present gaol and old
county buildings connected therewith can be easily and economically
adjacent thereto for an industrial farm can be purchased, and that
remodelled for the purpose of a house of refuge, and sufficient land
a new and modern gaol adjacent to the present Court House in
Cobourg (a site for which has been procured), is also requisite,
the county council of the United Counties of Northumberland and
Durham, at a regular meeting thereof, held on the 22nd day of
November, 1905, resolved "That this council shall at once proceed
with the erection of a gaol, and remodel the present gaol as a House
of Refuge;"

And whereas the estimated costs of the works aforesaid amount
to the sum of $60,000.00;

And whereas in order to raise the said sum of $60,000.00 it will
be necessary to issue debentures of the municipal corporation of
the United Counties of Northumberland and Durham for the sum
of $60,000.00, as hereinafter provided (which is the amount of the
debt intended to be created by this By-law), the proceeds of the
said debentures to be applied to the said purposes and no other ;

And whereas it is desirable to issue the said debentures at onetime,
and to make the principal of the said debt repayable by yearly sums

during

1906.

NORTHUMBERLAND AND DURHAM.

Chap. 84

655

during the period of thirty years, being the currency of the said
debentures, the said yearl.y sums being of such respective amounts
that the aggregate amount payable in each year for principal and
interest in respect of the said debt shall be as nearly as possible
equal to the amount so payable in each of the other twenty-nine
years of the said period of thirty years (as shown in Schedule "A"
hereto annexed) ;

And whereas the total amount required by The Municipal Act to
be raised annually by special rate for paying the said debt and
interest as hereinafter provided is $3,469.80;

And whereas the amount of the whole rateable property of the
United Counties of Northumberland and Durham, according to the
last revised and equalized assessment rolls thereof is $26,500,250;

And whereas the amount of the existing debenture debt of the
said municipality is $40,000.00, whereof no portion of the principal
or interest is in arrear, and the sinking fund thereof now amounts
to the sum of $19,739.00;

Therefore the municipal council of the corporation of the United
Counties of Northumberland and Durham enacts as follows:

1. That for the purpose of raising the sum of $60,000.00 to be
expended as hereinbefore set forth, debentures of the corporation
of the United Counties of Northumberland and Durham to the
amount of $60,000.00 as aforesaid, in the sums of $3,469.80 each
shall be issued on the second dajy of January, A. D. 1906, payable
one each on the second day of January, in the years A. D. 1907
to 1936 inclusive, at the office of the treasurer of the United
Counties of Northumberland and Durham, in the Town of Cobourg,
without interest, the interest on the said sum of $60,000.00 cal-
culated at the rate of four per centum per annum being already
included in the amount of the said debentures (as per Schedule
"A" hereto annexed).

2. Each of the said debentures shall be signed by the warden of
the said United Counties of Northumberland and Durham, and he
is hereby authorized and instructed to sign the same and issue
the debentures hereby authorized to be issued, and to cause the
same to be signed by the treasurer of the said municipality and
the clerk of the said municipality is hereby authorized and in-
structed to attach the seal of the said municipality to the said
debentures.

3. That during the currency of the said debentures there shall
be raised annually by special rate on all the rateable property of
the said United Counties of Northumberland and Durham, the
sum of $3,469.80, for the purpose of paying the amount due in
each of the said years, for principal and interest, in respect of the
said debt.

4. This By-law shall not come into force or be of any effect
whatsoever until after the municipal council of the corporation of the
United Counties of Northumberland and Durham shall have been em-
powered and authorized to pass the same, and until the said By-law
has been declared valid and binding upon the said municipality
by an Act of the Legislative Assembly of the Province of Ontario.

5. Subject to the provisions of the fourth paragraph hereof this
By-law shall take effect on, from and after the day upon which
any Act of the said Legislative Assembly declaring this By-law
valid and binding upon the said municipality shall come into force.

Dated the third day of January, A. D. 1906.

(Signed) Wm. McLean.

Warden .

(Signed) Neil F. MacNaohtan,

Counties' Clerk.

(Seal,

Schedule

656 Chap. 84. NORTHUMBERLAND AND DURHAM. Edw. VJI"

Sehedule "A."

$60,000.00 FOR 30 YEARS AT 4 PER CENT.

Each

Principal and

year.

Interest.

Principal.

Interest.

$2,400 00

$1,069 80

$3,469 80

2,357 20

1,112 60

3,469 80

2,312 72

1,157 08

3,469 80

2,266 42

1,203 38

3,469 80

2,218 28

1,251 52

3,469 80

2,168 22

1,301 58

3,469 80

2,116 15

1,353 65

3,469 80

2,062 00

1,407 80

3,469 80

2,005 70

1,464 10

3,469 80

1,947 13

1,522 67

3,469 80

1,886 24

1,583 56

3,469 80

1,822 88

1,646 92

3,469 80

1,757 01

1,712 79

3,469 80

1,688 48

i ^7m net

1,781 32

3,469 80

1,617 25

1,852 55

3,469 80

1,543 14

1,926 66

3,469 80

1,466 07

2,003 73

3,469 80

1,385 92

Ct AO') OO

2,083 88

3,469 80

1,302 56

2,16/ 24

3,469 80'

on
ZV

l,Zlo oo

l, ZQo t)Z

o AaQ on

1,125 72

2,344 08

3,469 80

1,031 96

2,437 84

3,469 80

934 45

2,535 35

3,469 80

833 02

2,636 78

3,469 80

727 57

2,742 23

3,469 80

617 87

2,851 93

3,469 80

503 80

2,966 00

3,469 80

385 15

3,084 65

3,469 80

261 76

3,208 04

3,469 80

133 45

3,336 35

3,469 80

CHAPTER

1906

TOWNSHIP OF OLIVER.

Chap. 85 657

CHAPTEE 85.

An Act respecting the Township of Oliver.

Assented to 14th May, 1906.

WHEEEAS the Municipal Corporation of the Township
of Oliver has by its petition prayed that all sales of
land for taxes within the said Township should be vali-
dated and confirmed; and whereas it is expedient to grant
the prayer of the said petition.

Therefore His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of Ontario,
enacts as follows : —

f ales of land

] . All sales of lands within the Municipality of the ^™esaj£n_
Township of Oliver up to and including the sale held in firmed,
the year 1904, and which purported to be made for arrears
of taxes in respect of the lands so sold, are hereby validated
and confirmed, notwithstanding any irregularity in the
assessment or other proceedings for imposition of any taxes
so in arrear, or any failure to comply with the requirements
of The Consolidated Assessment Act, 1892, or of The Assess-
ment Act or any amendments to either of the said Acts in
regard to the manner in which any assessment roll or col-
lector's roll of the said municipality has been prepared, or
in regard to the certifying or signing of the same, or the
making of any affidavit or oath required in connection there-
with, or in regard to the time for the return of any collect-
or's roll of the said municipality, or in regard to the fur-
nishing, authenticating, or depositing of any list of lands
in arrear for taxes within the said municipality or in re-
regard to the mailing of notice to any person in respect to
whose land any taxes appeared at any time to be in arrear,
or in regard to any omission to levy the amount of any such
taxes in arrear bv distress and sale of goods, and notwith-
standing any other failure or omission on the part of the
said municipality, or of any official thereof, to comply with
any requirements of the said Acts, and notwithstand-
42 s. ing

658

Chap. Ho.

TOWNSHIP OF OLIVER.

6 Edw. VII

ing anything to the contrary in either of the said
Acts contained; provided, however, that any land so
sold for taxes which is still held by the said cor-
poration may be redeemed by the owner thereof or
any mortgagee thereof prior to the 27th day of
October, 1906, by such owner or mortgagee paying to the
said corporation the full amount which would have been
necessary to redeem the same, within one year from the
day of sale as provided in The Assessment Act, including
interest, the costs and charges of the sale and a sum for
any year or years in which the same may not have been rated
for taxes equal to what would have been the taxes- thereon
at the current rate for such year or years if the land had
been assessed to a private person, and also interest upon the
several sums to the time of such redemption; and provided
further that nothing in this Act contained shall affect any
rights which are the subject of litigation at the time of the
passing of this Act, or any rights as to lands included in
the sale of 1904 which may be the subject of litigation prior
to the said 27th day of October, 1906.

•ales of 2. Nothing in this Act contained shall be held to vali-

iannPdanotted date any sales °^ unpatented lands (other than the locatee's
affected. interest therein) purporting to have been made for arrears
of taxes.

42a S.

CHAPTER

1906.

TXm>~ OF OSHAWA.

Chap. 86 659

CHAPTER 86.

An Act respecting" the Town ot Oshawa.

Assented to 27th April. 1906.

WHEREAS the Municipal Corporation of the Town of Preamble.
Oshawa has by petition represented that By-law No.
567 of said Corporation was duly passed on the 18th day of
March, 1904, to provide a uniform frontage tax through-
out the said town for the construction of sewers under the
local improvement laws and for other purposes, and by said
by-law it was, among other things, enacted that every owner
of property which is drained into any of the common sewers
and every owner of property in front of which a sewer is
constructed as a local improvement, should pay a uniform
frontage tax of eighty-five cents per foot frontage of pro-
perty so drained, and that such amount should be paid in
thirty equal annual instalments of five cents each per foot
frontage — such sum of five cents per foot frontage being at
the time of the passage of said by-law considered sufficient
to pay both principal and interest for that amount ; and
further, that the cost of any sewer in excess of the total
assessment on the abutting properties should be borne by
the town ; and that a number of sewers on various streets
in said town have been constructed in accordance with said
by-law and are now in operation and use; that by By-law
Number 610 of said corporation, passed the 9th day of
October, A.D. 1905, the issue of debentures for the con-
struction of such sewers to the amount of $41,000 was
authorized; $37,285.33 of which was the amount to be paid
by the frontagers by way of a local improvement tax, and
the balance of $3,714.67 as the corporation's share of the
cost of said sewers so constructed for street intersections,
catch basins and other necessary adjuncts of said system of
sewers in excess of the total amount payable by the front-
agers as aforesaid and which should be borne by the town
generally as aforesaid, and providing that said debentures
should be further guaranteed by the town at large — which
last mentioned by-law was duly registered on the 17th day
of October, A.D. 1905, and is in full force; that no appli-
cation

660 Chap. 86. town of oshawa. 6 Edw. VII

cation has been made to quash or set aside said by-laws or
either of them, and that the arrangement and apportion-
ment of the cost of the said sewers, constructed and to be
constructed as aforesaid, is an equitable and just one; that
the debentures authorized by said By-law Number 610 were
directed to be issued as bearing interest at four and one-
half per centum per annum, that being a rate of interest
slightly higher than that under consideration when said
By-law No. 567 was passed, and the said yearly payment
of five cents per annum is by a small fraction not sufficient
to meet the annual payments required to pay principal and
interest as aforesaid ; that in the preamble to said By-law
No. 610, by a clerical error the date of passing of said By-
law No. 567 was erroneously stated; that the said Corpora-
tion has borrowed the money required to be expended in
the construction of said works from its bankers upon the
ordinary credit of the municipality, and in pursuance of'
The Consolidated Municipal Act, 1903; that extensions to
said system of sewers have been made, and further exten-
sions will be necessary in the near future, and that doubts
have arisen as to the legality of the said by-laws ;
and whereas the said Corporation by its petition prays
that an Act may be passed validating and confirming the
said by-laws, copies of which are set forth in Schedules "A"
and "B" to this Act, and the debentures issued or to be
issued in pursuance thereof, and permitting extensions of
said system of sewers to be constructed in accordance with
said By-law No. 567; and whereas it is expedient to grant
the prayer of the said petition.

Therefore His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of Ontario,
enacts as follows :

M7andS6K>°of ^' By-laws ^os. ^67 and 610 of the said Corporation of the
the town of Town of Oshawa, copies whereof are contained in the Sched-
oshawacon- uleg heret0) «A» an(j «B" respectively, are ratified and con-
firmed and declared valid and binding upon the municipal
corporation of the Town of Oshawa and the ratepayers
thereof — and the said municipality of the Town of Oshawa
is hereby declared to have power to pass by-laws pursuant
and according to the provisions of said By-law No. 567
and in particular said By-law No. 610, and to make assess-
ments on real property for the purposes and in the manner
in said recited by-laws defined and set out; and any and all
by-laws that may hereafter be passed by the said corpora-
tion for the issue of debentures for the purpose of paying
for the construction of sewers in the said Town of Oshawa,
constructed under the authority of and in manner required
by said By-law No. 567, are and shall be, binding on said
corporation and on the ratepayers thereof.

1906.

TOWN OF OSHAWA.

Chap. 86 661

2. The debentures issued or to be issued under said By- issue of^deben-
law No. 610 and the guarantee of the municipality atfirm«d.
large for the payment of tbe same or any part thereof con-
tained or to be contained therein shall be and the same

are hereby declared to be valid, legal and binding upon the
Corporation of the said Town of Oshawa and the ratepayers
thereof, notwithstanding anything in any Act to the con-
trary.

3. Any additions to or extensions of the said system of ^e°|^ysons
sewers in said Town of Oshawa may be made by the muni- authorized,
cipal council of said town upon the initiative of the said
council or on the petition of the ratepayers whose property

would be affected thereby and may be constructed and paid
for by the issue of debentures under and in accordance with
the provisons of said recited By-law Number 567.

SCHEDULE "A."
(Section 1).

B,v-law No. 567, respecting Frontage Assessment for Sewers built
as local improvements, and to regulate Town Sewers.

Whereas it is desirable to provide a uniform frontage tax
throughout the Town of Oshawa, for the construction of street
sewers, and to provide an equitable mode of assessing corner lots ;

Be it therefore enacted by the municipal council of the Town of
Oshawa as follows :

1. That it is and may be lawful for the council of the Town of
Oshawa to construct common sewers in such streets and lanes and
highways of the said town and through such private property in
the said town as said council may deem necessary for sanitary pur-
poses or where such sewers are petitioned for or authorized under
the local improvement laws, provided always that such street, lane
or highway, or portion thereof, be so situated as to afford a proper
and sufficient outlet for such sewers.

2. All sewers constructed as local improvements and all private
house sewers shall be of such arrangement, form, size, material and
construction, and the connections with other sewers shall be made
in such manner and at such points and under such rules and regu-
lations as the council may, upon the report of the engineer of the
town, from time to time prescribe.

.3. Every owner of property which is drained into any of the
common sewers, and every owner of property in front of which a
sewer is constructed as a local improvement, shall pay a uniform
frontage tax of eight-five cents per foot frontage of property so
drained, to be assessed on each assessable foot of frontage property
so drained. Such amount shall be paid in thirty equal annual in-
stalments of five cents each per foot frontage, being a sum sufficient
to pay both interest and principal for that amount, and the instal-
ments shall be payable at the same time as ordinary taxes are
payable to the tow i, but the town treasurer may accept payment
down of the amount, and such sum shall be levied and collected
by a special rate against and upon the property assessed accord-
ingly.

4. Any person or persons desirous of connecting his or their
premises with any common sewer, or of connecting it with any

662

Chap. 86.

TOWN OF OSHAWA.

6 Edw. VII

sewer for which the property has not been assessed, shall be assessed
the same fixed frontage tax as if the sewers were constructed in
front of the said property, and payments shall be made at the
same time and in the same manner, and for a like number of
years, as the payments along the sewer constructed, and shall be
levied and collected accordingly.

5. Any property thus assessed for the privileges of connecting
with any sewer shall be exempt from any assessment for any sewer
constructed on the street in front of such property.

6. That corner lots shall be assessed for sewers constructed under
By-laws for local improvements in the following manner :

(a) Every corner lot shall be entitled to the exemption of one-
half the total frontage thereof (on the two streets) not exceeding,
in any case, one hundred feet total exemption, which is to be
allowed on the second street on which the sewer is constructed, but
in case the frontage on the second street is less than one hundred
feet, a sufficient number of feet is to be exempted on the first street
to make, with the frontage on the second street, a total of one
hundred feet.

(b) In cases where corner lots are built on more than one side
of the lot, each separate owner or tenement shall pay a frontage
assessment as in paragraph 3, where such tenement be on the front
or side of the lot, but no such tenement shall pay for more than
one street frontage.

(c) If a corner lot is a triangular or irregular shaped piece of
land, or otherwise so situated so as to make a portion of the same
unfit for building purposes, such allowance shall be made having
due regard to the situation, value and superficial area of said lot
as compared with the adjoining lots or pieces of land as the engi-
neer may deem just and equitable.

{d) The term corner lot shall be understood to mean the corner
premises at the intersection of streets, without reference to lots
as originally laid out.

7. The payments aforesaid shall be put on the collector's roll
and collected with the other town taxes against said respective
properties.

8. That the cost of any sewer in excess of the total amount
assessed on abutting properties shall be borne by the town.

9. All sanitary sewers, storm sewers and drains belonging to the
town now laid down, constructed or built or hereafter laid down,
constructed or built, are to be under the direct control and man-
agement of the town engineer, or other persons appointed for such
purpose.

10. No person, firm or corporation shall injure, break or remove
any portion of the sewer system or its appurtenances, or throw or
deposit in any sewer opening or receptacle connected with the sewer
system, any garbage, offal, dead animals, vegetable parings, ashes,
cinders, rags or any matter or thing except faeces, urine, the
necessary closet paper, liquid house slops, and such roof water as
the sewerage committee may from time to time think proper.

11. No open gutter, cess-pool, privy vault, underground drain,
or exhaust pipe from any steam engine shall be connected with
any sanitary sewer.

12. Private sewers and drains, stable-yards, timber or wood
drains, may be connected with the storm sewers, and cellar drains
may be connected with the sanitary sewers, but all such connections
shall be made according to the rules and regulations prescribed and
according to the directions of the engineer.

13.

1906.

TOWN OF OSHAWA.

Chap. 86

663

13. The engineer, or sewerage committee, shall have the power
to stop, or prevent from discharging into the sewer system, any
private sewer or drain, through which substances are disgharged
which are liable to injure the sewers or obstruct the flow of
sewage.

14. This By-law shall come into force immediately upon the
passing thereof.

15. Any person convicted of a breach of this By-law shall forfeit
and pay. at the discretion of the convicting magistrate or justice
of the peace, a penalty not exceeding the sum of fifty dollars
($50.00) for each offence, exclusive of costs, and in default of pay-
ment of such penalty and costs forthwith, or costs only, the said
penalty and costs, or costs only may be levied by distress and sale
of the goods and chattels of the offender, and in case of there
being no distress found, out of which such penalty could be levied,
the convicting magistrate, or justice of the peace, may commit
the offender to the common gaol- of the County of Ontario, with
or without hard labour, for any period not exceeding thirty clays,
unless the said penalty and costs be sooner paid.

Read a first, second and third time and finally passed in open
council this eighteenth day of March, A. D. 1904.

F. L. Fowke.

Mayor.
Thos. Morris,

Clerk.

SCHEDULE "B."

{Section 1).

By-law No. 610 of the Corporation of the Town of Oshawa to pro-
vide for the issue of Debentures for the purpose of providing
funds for the construction of certain Common Sewers in said
■ Town of Oshawa.

Whereas by By-law No. 567 of said town, duly passed the 8th
day of September. A. D. 1904. entitled "By-law No. 567. respecting
Frontage Assessments for Sewers built as Local Improvements,
and to regulate Town Sewers," it was among other things enacted,
that it should be lawful for the council of said town to construct
common sewers in such streets and lanes and highways of the said
town and through such private property in said town as said
council deem necessary for sanitary purposes, or where such sewers
are petitioned for or authorized under the local improvement laws ;
and also that every owner of property which should be drained
into any of such common sewers and every owner of property in
front of which a sewer should be constructed as a local improve-
ment should pay a uniform frontage tax of eighty-five cents per
foot frontage of property so drained, to be assessed on each assess-
able foot of frontage property so drained, such amount to be
paid in thirty equal annual instalments of five cents each per foot
frontage, being a sum sufficient to pay both interest and principal
for that amount, the instalments to be payable at the same time
as ordinary taxes are payable to the town (but the town treasurer
might accept payment down of the amount) and the sums payable
to be levied and collected bv a special rate against and upon the
property assessed ; and also that the cost of an,v sewer in excess
of the total amount assessed on abutting properties should b«j
borne by the town.

And whereas the said council has caused such common sewers to
be built and constructed upon the streets or parts of streets named

and

664

Chap. 86.

TOWN OF OSHAWA.

6 Edw. VII

and shown in Schedule "A" to this By-law, and the same are now
completed ;

And whereas such of the said sewers as were not constructed upon
the petition of the frontagers have been so constructed upon the
report and recommendation of the town engineer as being neces-
sary for sanitary and drainage purposes ,and upon the recommend-
ation of the Local Board of Health, approved of by a vote of two-
thirds of all the members of the council at a regular meeting thereof
in pursuance of the Consolidated Municipal Act, 190S, and amend-
ments ;

And whereas the sewers on the streets or parts of streets set
out in said schedule as numbers 1 to 45, were so constructed upon
due notice by the council of their intention to construct the same,
and to assess and levy the said amount of eighty-five cents per
foot frontage assessment in respect of the same upon the real prop-
erty fronting or abutting upon such streets or parts of streets
respectively, pursuant to said Act and said By-law, the same are
all necessary for sanitary or drainage pui poses, and were so con-
structed as aforesaid upon the report of the engineer and the said
recommendation of the Local Board of Health confirmed as afore-
said :

And whereas the said sewers on the streets or parts of streets
numbers 46 to 58 inclusive in said schedule were so constructed
upon duly signed petitions of the owners of the real property
benefited thereb,y, and fronting upon said last mentioned streets
or parts of streets in pursuance of said Act ;

And whereas the said Schedule "A" also shows in the respective
columns thereof the length of each sewer in feet, the frontage assess-
ment thereof, the amount payable at said rate of eighty-five cents
per foot, and the yearly rate to be paid as aforesaid for thirty
years at five cents per foot frontage;

And whereas a duly called Court of Revision to confirm the
assessment made and reported on by the said engineer has been
duly held on the 24th day of July, 1905, after due publication
and service of all proper notices, which court was adjourned till
the 21st day of August, 1905, at which court sundry appeals as
to measurements and otherwise were heard and disposed of, and
the same finally adjusted and confirmed, and no appeals from said
Court of Revision have been made to the Country Court Judge, and
the said assessments as adjusted and confirmed by said Court of
Revision are each and all now determined and settled ;

And whereas the total cost of said improvements and the neces-
sary adjuncts thereto as certified by said engineer, is the sum of
$60,725.60, $19,000, part whereof has been paid from the proceeds
of the sale of debentures authorized under By-law No. 564 of said
corporation passed the 7th day of March, 1904, and expended in
main sewers, outlets, catch basins, storm sewers and other neces-
sary adjuncts to said works, leaving a balance of $41,725.60;

And whereas sundry frontagers have paid their respective
assessments in cash to the amount of $694.45, and the balance then
is the sum of $41,031,15, unpaid in respect of said works;

And whereas the total amount to be now raised to pay for such
improvements is the sum of $41,031.15, in the proportions afore-
said ;

And whereas it is necessary and expedient to raise the sum of
$41,000.00, (that sum being the amount of the debt intended to
be created and covered by this By-law), to pay the costs of such
improvements by the issue of debentures for that amount, bearing
interest at 4^ per cent, per annum, payable annually, $37,285.33
of said sum to be borne by the frontagers or owners benefited as
aforesaid, and the balance. $3,714.67. by the municipality at large;
such debentures to be guaranteed by the municipality at large.

The

1906.

TOWN OF OS1IAWA.

Chap. 86

The said sum of $41,000.00 and interest to be payable in thirty
successive annual payments commencing with the year 1906, and
to be payable on each first day of December in each of such thirty
years respectively, and tc issue such debentures in such manner as
that the aggregate amount payable for principal and interest in any
one year of such years shall be as nearly as ma,y be equal to what
shall be payable for principal and interest in each of the other
years of such term ;

And whereas the total number of feet of sewer so constructed is
44,688 feet, and the amount so paid in cash as aforesaid represents
the assessment on 817 of such total feet, and the balance of such
total number of feet of frontage is 43,871 feet, liable to such assess-
ment of eighty-five cents per foot, as aforesaid, payable as set out
in said recited By-law No. 567 ;

And whereas for the purposes of paying said debentures it will
be necessary during said thirty years to raise by annual special
rate the sum of $2,517.05 in each of the first twenty years thereof,
and $2,517.06 in the remaining years, to pa,v the principal and
interest accruing in each of such years, $2,193.55 of such sum to
be assessed against and paid by the frontagers as aforesaid, and
the balance by the municipality at large., as aforesaid;

And whereas the whole amount of the rateable property of the
said municipality according to the last revised assessment n il is
$1,383*,650.00;

And whereas the amount of the existing debenture debt of the
said municipality is $211,661.61, and no principal or interest is
in arrear in respect thereof ;

And whereas the assessed value of the whole real property rate-
able in respect of the frontagers' share or part of the said debt
is $790,770.00;

And whereas the said portion of the said debt last mentioned,
viz., the part thereof payable by the frontagers, is created on the
security of the special rate settled by this By-law, and on that
security only, but the same is to be guaranteed and is hereby
guaranteed, by the said municipality of Oshawa at large ;

And whereas this By-law is made and passed in pursuance of
section 670 of the said Act, being clause referring to short forms
of local improvement By-laws, so far as the same is applicable
thereto ;

Therefore the municipal council of the corporation of the Town
of Oshawa enacts as follows :

1. For the purpose only of raising the said sum of $41,000.00,
debentures of said corporation shall be issued to the said amount
of $41,000.00 in the whole in sums of not less than $100.00 each;
each of said debentures shall be dated as of the day of the issue
tl ereof and shall be payable on the first day of December in uitch
yea>- fo^ thirty years, viz., on the first day of December A. D. J90U,
an i in the next ensuing twenty-nine years.

2. Such debentures shall bear interest at the rate of four and
one-half per cent, per annum, payable yearljy in each and every
year during the currency of the said debentures; and said deben-
tures shall be issued in such manner as that the aggregate amount
payable for principal and interest in respect of the debt in any
one year of such thirty years shall be equal as nearly as may bj
to what is payable for principal and interest during each of the
other years of such period of thirty years, as aforesaid, as shown
in Schedule "B" to this Bv-law. Each of such debentures shall
be signed b,v the mayor of said corporation, or some other person
authorized by By-law to sign the same, and by the treasurer of
the said Town of Oshawa, and the clerk shall attach thereto the

corporate

666

Chap. 86.

TOWN OF OSHAWA.

6 Emv. VII

corporate ^eal cf the municipality, and the same shall be payable
at the office of said treasurer.

3. The said debentures shall bear interest at the said rate of
four and one-half per cent, per annum, payable yearly at the office
of said treasurer, and shall have attached to them coupons for
payment of the said interest, which coupons shall be signed by the
mayo;- and treasurer of the said Town of Oshawa.

4. During the currency of said debentures, (and for the purpose
only of paying the same), that is to say, in the year 1906, and in
the theri next ensuing twenty-nine years, there shall be raised and
levied in said Town cf Oshawa in addition to all other rates and
levies in each year of the said period of thirty years the sums of
$2,517.05 and $2,517.06 respectively, as aforesaid, required to be
raised annually to retire the said debentures hereby authorized,
in manner following, viz. : $2,193.55 thereof by an annual special
rate of five cents per frontage foot on the said real property of the
owners or frontagers benefited by said improvements according to
the respective frontages thereof by way of a local improvement
tax in respect of such improvements, in accordance with the
premises and said By-law No. 567 ; and the balance or sum of
$323.50. or $323.51 by an annual special rate upon all the rateable
property of the said municpality or Town of Oshawa; which said
respective special rates shall be annually inserted in the collector's
roll for said municipality and collected in the same manner as
other rates.

5. This By-law shall come into effect on the date of the final pas-
sage thereof.

6. Said schedules shall be read as part of this By-law.

Read a first, second and third time, and passed the ninth day
of October, A. D. 1905.

Fred. L. Fowke,

Mayor.
Thos. Morris,

Clerk.

(L S.)

TOWN

1906.

TOWN OF OSHAWA.

Cliap. 86

OQ
O

m
z,
z

*= o
s o

El c

o »
cS

S O i

X X *MtO©NrtNNHHH U3M010

w t> 1 1: c o c o :i co ic 10 o c "M ~ x. 01
n x c; k n x t n x io i — i- x r. io n to
I - t

C Oi S IC S G 1"M X CO X I- -t C. X iO I - CO
•^ iO -'O - ' ^lOIH rHCOCi-iOCOCOCO
-t--f-l^:C— C^OIt-tcCKO-1- < 00 0C CC CC

x i > x - : 1 1 t ? i -i< lo ^ s o n i- w
-t n cc -t cc i c x ; -t i- ^ t co ^

N N X N CO 01 -t Ol IC "t X X M - C N C

i-Tr-T — " "r-T i-Tof

co ic
o m

1=1

a o

a s s >» sp ^ s
a. - . - a" H" sT H~

J3- - - C-

o -

a-
33

i-iNM-l'iOSNXaOHNM-tlOCONX

668 Chap. 86.

TOWN OF OSHAWA.

6 EDW. VII

«i
ffi
GO

O
S3

a
a

4 00

OMON(Om«OOlOON^iOO)OWOlONlOON
'J'OStOOOHiOOrHtDOHtOHNmiOOitt-^OO't

oocio«Noocqo®w-*tq-too)a-t<tooNoom

<N CM t»!0!0(OM*»NHHioeC(|WM(Mf)

^cOrH-tioco-tTiiiHconio^otoooKmoiNHOico

■***r<WW30i()NMO>iaO<OW«HOiO«iO«ffl

coco mooHMt~TtifjncoOH'*inioi,M

XK05COrHC<300(NCOOm(MCO>OONOOaT(H03COOO

- > CT> CM i-H ^ CC

( CM LO CD CO lO

• lO

• 00

: d

• ■*

• oj

■ CM

■ 53

OS oo S3 o

LO 00 C5 CO

• LO

■ LO

• lO

•*

• CO

• CD

• LO

• t-

. 1^

35 O bo W§<!WMPhW o

GO
03

■93 5 =

bJD
P. -

g a

OJ t-

- ~ ' "C* H H O ^ OJ C OJ

,a - s ^3 oaocd-^-^-, C r- •

O <j O <! P3W«5go J <! M <!

1= a x i 8S1S|

2 a- B" " " " as -2 D t." *j

pq W «T 33 OJOWQ^

n-j o ^1 « ifi CO i — OO a O — lMtC"t>CCif*cC!J)OH

1906.

TOWN OF OSHAWA.

Chap. 86

669

c a

o .£

'£ . *3 .

■j3 ~ " *

as CD

Oh Oh

D
Q
W
EE

CM i"H CN i C CO

co-fOciooMomconooocc

OS CM CM CD CO t — C"~ CD CD CO CO CO

■*t< O".

X W H "t CD

N rH ^ H^ tJH

l-tH-fcCCCCSOiCCliOCONOl'fi'
CO"^t— Ir— 1 CS i-" iC CD r- 1 r— ' H H

O CO

oo co

•*

CO
CN

CN
V&

lO lO CM

T^H !>• C 1 CO »0

■*
co

CO-fOCMOCOiOCOCCCOOOOCO
lO CN CN O t*. l>- OS r— ' CD CM CD CD CO

■* -f

CO' OS

COO Ol 1C CO
* N t>

t-
cs

lOi— it— ICOCOOOlOOSOOCOOSCO'-JCM
Tt1 O 1 — ' l~ 0s) i — i t — CD t— I CM CD lO lO
CO t» CM CO t CO O O CM CO r-t i-H CM CN

t-- CO

os oo

r— 1
CO

€«■

co"

r-Tco"
OO

t^r

CO
9»

eo co <r>

CD CO OS CO CO CO CO

CO OS

lO CO lO i— l CD
CD Tt< CM OS CN
iC CM <N CO OS

os
o
^

OilO-tcOOCOlOOiSCNNCOCON
lOC'lCCCDCOXOll^r- ' t~- lO OS OS OS
t- CO CM CO LO CO t-c CN CO CO i-H i-i CN CM

oo
t~—

OS 00
O I"-
CM

co
co

HlH

t-T|>

^ o •

. o •

•I© -i-H •

• • - •

• CO ■«-< •

-* -OS ■ t~- -OS - CO -O -O •
00 • 1~ -00 -CO • O •
OS . Tt< -CD ■ CN -CO -CO -CO ■

'. '. '. r-T ] '. \ \

CD 0) (jj 5 . . CD

f> UOW 2 ? « O

o
be

0) CO g

U op;

a 6 »
oqgq(>

J3
o
tH

a :

_, ,

g ..... . M

.2 • • CS • • fl- _

2 - O O S3 be ~"o

Q «1«50q Q W ^ <|
COt^OOOSOi-iCNCOHj<ioCOl^CO

670

Chap. 86.

TOWN OF OSHAWA.

6 EDW. VII

Schedule "B" referred to in the annexed By-law.

•

Interest.

Principal.

Total.

$1,845 00

$672

$2,517 05

1,814 76
1,783 15

702

2,517 05

733

2,517 05

1,750 13

766

2,517 05

i tt c i^o
1,715 OZ

801

2,517 05

1,679 55

837

2,517 05

1,641 87

875

2,517 05

1 £?AO AQ

l,b02 4o

914

O CI " ACT

2,51' 05

l,5bl iZ

955

o ci n Aer
2,51/ U5

1,518 33

998

o CI 'J ACT

2,517 05

1,4/d 6t

1,043

O CI *7 AC

2,517 05

1,426 41

1,090

O CI 1 AC

2,517 05

1 077 OO

1,<577 oo

1,139

O CI 1 AC

2,517 05

1 OOt! Ac
l,o2b L)5

1,191

O CI H AC

2,517 05

1 O70 A C

1,2/2 45

1,244

O CI *7 AC

2,51/ 05

1 Ol d A A

1,21b 44

1,300

O CI 'J AC

2,517 05

1 1 C7 O i

1,15' yi

1,359

O CI 1 AC

2,51/ 05

1 AAi? VC

l,0yb '5

1,420

2,517 0$

1 AOO Q 1

l,0o2 o4

1,484

O CI 1 AC

2,51/ 05

yob 05

1,551

O CI 1 c\o

2,51/ Oo

one oc

oyb zo

1,620

o ci n no

2,51/ Ob

QOO oo
OZo oZ

i ,oyo

O CI H C\£i

2,51/ Oo

747 10

1,769

2 517 06

667 45

1,849

2,517 06

584 22

1,932

2,517 06

497 24

2,019

2,517 06

406 35

2,110

2,517 06

311 37

2,205

2,517 06

212 11

2,304

2,517 06

108 39

2,408

2,517 06

$41,000 00

CHAPTER

1906.

CITY OF OTTAWA.

Chap. 87 071

CHAPTEE 87.

An Act respecting- the City of Ottawa.

Assented to 14th May, 1906.

WHEREAS the Corporation of the City of Ottawa has, Preamble,
by petition, represented that it has constructed and
is operating a system of water works under the authority
of a Special Act of this Legislature, and not under The
Municipal Act, and that it was authorized by section 5
of the Act passed in the third year of His Majesty's reign,
Chaptered 72 to borrow by a special issue of debentures a
sum not exceeding $50,000 for the purpose of extending and
enlarging the water mains in certain streets of the said city,
but that the said power was not exercised within the time
limited by the said Act, and has lapsed, and that the said
sum has been found to be insufficient for the said purpose;
and has prayed that it may be authorized to borrow
the sum of $100,000 by a special issue of deben-
tures, as hereinafter mentioned, to provide for the cost of
the said work ; and whereas the said Corporation has fur-
ther prayed that By-law Xumber 2,519 of the said Cor-
poration, passed at the request of The Ottawa Improve-
ment Commission, may be validated and confirmed ;
and whereas the said Corporation has further prayed
that certain local improvement by-laws passed by the
Council of the said Corporation may be validated and
confirmed : and whereas the said Corporation has by the
said petition further represented that the sum authorized
by The Consolidated Municipal Act, 1903, to be expended
in the reception and entertainment of distinguished
guests is inadequate, and has prayed that it may be
authorized to include in its annual estimates a sum to be
expended for such purposes, not exceeding $3,000; and
whereas the said Corporation has further prayed that it
may be authorized to provide by by-law for the establish-
ment of a Board of Control, to consist of four Controllers
and the Mayor, the said Controllers to be elected from the
said city at large; and whereas the said Corporation has
by the said petition further represented that the sum which
the Public Library committee may expend for the main-
tenance

672 Chap. 87. city of Ottawa. 6 Edw. VII

tenance and management of the Public Library in the said
Citj of Ottawa in any one year is limited to $7,500, and has
prayed that the said committee be authorized to ex-
pend for such purposes a sum not exceeding f 10,000 in any
year; and whereas it is expedient to grant the prayers of
the said petition.

Therefore His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of On-
tario, enacts as follows :

1. The Corporation of the City of Ottawa may borrow,
upon a special issue of debentures bearing interest at such
rate as the Council of the said Corporation may determine,
and payable in forty years from the date thereof, a sum
not exceeding $100,000, for the purpose of extending and
enlarging the water mains in certain streets of the said
city.

Debentures for
$100,000 for ex-
tension of
water mains.

Assent of 2. The by-law to be passed under the foregoing section

required00 shall not require to be submitted to or to have the assent

of the electors of the said city before the final passing

thereof.

special rate for 3. For the payment of the debt and interest represented
debeneturesf by the said debentures there shall be annually raised dur-
ing the currency of the said debentures, with the authority
conferred upon the said Corporation in and by the Act
passed in the 35th year of the reign of Her late Majesty,
Queen Victoria, Chaptered 80, and intituled "An Act for
the Construction of Water Works for the City of Ottawa,"
by the said Corporation from the water rates a sum suffi-
cient to discharge the said debt and interest when the same
shall respectively become due, such sum to be in addition
to the money required to be raised to meet the charges of
maintenance and the cost of renewals in connection with
the said water works, and for the payment of the principal
and interest of all debts heretofore authorized to be con-
tracted for the purposes of the said water works, or to be
charged against the said water rates by any Act of this
Legislature; but if at any time the moneys accruing from
the said water rates shall prove insufficient for the purposes
aforesaid then, when and so often as the said deficiency
shall occur, there shall be raised, levied and collected by
the said Corporation by a special rate upon the assessable
property of the said Corporation according to the then last
revised assessment roll thereof a sum sufficient to make
good such deficiency.

By law No. 2519 4. By-law number 2519 of the said Corporation, intituled
buTidf1ngnfn cer- "A by-law to regulate the mode of construction of build-
tain districts. ingS within that area in the City of Ottawa, bounded by

McKay

1906.

CITY OF OTTAWA.

Chap. 87 673

McKay Street, Bellevue Terrace, to the north side of Mc-
Taggart Street, and Sussex Street from the north side of
McTaggart Street to the south side of Bolton Street and
the Ottawa River," which by-law is set out in Schedule
"A" to this Act, is validated and confirmed.

5. The by-laws heretofore passed by the Council of the Local improve-
said Corporation, authorizing the construction of works as confirmed*" 8
local improvements and the borrowing of money for the
payment of the cost of the construction of such works and
all debentures issued or to be issued thereunder, which by-
laws are set out in Schedule "B" to this Act, and all assess-
ments made or to be made, and all rates levied, or to be
levied under the said by-laws, or any of them, for the pay-
ment of the said debentures, are validated and confirmed.

6. Notwithstanding anything contained in The Consoli- ^^^t0T
dated Municipal Act, 1903, or in any other Act of this receptions and
Legislature, the Council of the said Corporation may en er ainmen s
include in its annual estimates a sum not exceeding $3,000

to be expended in the reception and entertainment of dis-
tinguished guests.

7. — (1) Notwithstanding anything contained in The Con- c™*™"^
validated Municipal Act, 1903, or in any other Act of this
Legislature, the Council of the said Corporation may pro-
vide by by-law that the said council shall, from and after

the municipal elections next ensuing in the said City, after
the passing of such by-law, consist of four Controllers to be
elected from the city at large in addition to the Mayor and
aldermen, and that the Controllers so elected, together with
the Mayor, shall be the Board of Control for the said city.

Provided that the said by-law shall not be finally passed
until a majority of the electors qualified to vote at municipal
elections voting thereon has voted in the affirmative on the
question, "Are you in favour of the establishment of a Board
of Control and of the reduction of the number of aldermen
to two for each ward?"

(2) In and by the said by-law or by any subsequent by- saiarie^of
law the said Council may fix the salaries to be paid to the
members of the said Board of Control other than the
Mayor, but the same shall not exceed for each member the

sum of $400 per annum.

(3) In the event of the said by-law being passed, the Election of con-
elections of the said Controllers shall be governed by sub- Ca°tic.To,SFfdPw
sections (2), (3), (4), (5) and (6) of section 2766 of The Con- vn.o.i».
jolidated Municipal Act, 1903, as amended by sections 12,

13 and 14 of The Municipal Amendment Act, 1905.

43 s. (4)

674

Chap. 87.

CITY OF OTTAWA.

6 Emv. VII

IZT °£ (4) Subsection (3) of section 276, subsection (7) of section
2766, and section 277 of The Consolidated Municipal Act,
1903, shall apply to any Board of Control constituted under
this Act.

for marten- 8. Notwithstanding anything contained in subsection 3 of
ance of library. secti0n 16 of By-law No. 2,151 of the said Corporation, set
forth as Schedule "A" to the Act passed in the second
year of the reign of His Majesty King Edward VII., Chap-
tered 55, a sum not exceeding $10,000 exclusive of interest
and sinking fund may be expended in each year in main-
taining and managing the Public Library, reading room,
museum and evening classes.

SCHEDULE "A."

By-Law No. 2,519.

A By-law to regulate the mode of construction of buildings within
that area in the City of Ottawa bounded by McKay street,
Bellevue Terrace to the north side of McTaggart street, and
Sussex from the north side of McTaggart to the south side of
Bolton street and the Ottawa river.

Whereas the Ottawa Improvement Commission has requested the
council of the corporation of the City of Ottawa to pass a by-law
to regulate the mode of construction of buildings to be erected within
that area in the City of Ottawa hereinafter described;

And whereas it is desirable in the public interest that the mode
of construction of buildings to be erected within the said area
should be regulated ;

And whereas this by-law before the final passing thereof was
published in full twice in each week for four consecutive weeks
in "The Citizen." "The Evening Journal," "The Free Press" and
"Le Temps," daily newspapers published in the said City of Ottawa
with a notice appended thereto stating the date when the said
council proposed to take the same into consideration ;

Therefore the municipal council of the corporation of the City
of Ottawa enacts as follows: —

1. No building shall be erected within that area in the City
of Ottawa bounded bv McKay street, Bellevue Terrace to the north
side of McTaggart street, and Sussex street from the north side
of McTaggart to the south side of Bolton street, and the Ottawa
river, except of stonet solid brick or cement blocks.

2. The top or highest point of any building to he erected within
the said area shall not be above an elevation of 70.20 feet city
datum (zero citv datum being the elevation of the lower lock sill
of the Rideau Canal at the said City of Ottawa).

3. Any person or persons who shall be guilty of any infraction
or breach of this bv-law or non-compliance with any of the require-
ments thereof shall upon conviction thereof before the police magi-
strate, mayor, justice or jiistices of the peace having jurisdiction
in the matter forfeit and pay such fine as the police magistrate,
mayor, justice or justices convicting shall inflict, of not less than
one dollar and not more than fiftv dollars, together with the costs
of prosecution, and in default of payment thereof the same shall
be collected bv distress and sale of the goods and chattels of tbe
offender, and in case of non-payment of the fine inflicted for any
such breach and there heing no distress found out of which the

43a s. samP

1906.

CITY OF OTTAWA.

Chap. 87

same can be levied such offender shall be imprisoned in the com-
mon gaol of the County of Carleton, with or without hard labour,
for any time in the discretion of the police magistrate, mayor,
justice or justices convicting, not exceeding six months unless such
fine and costs be sooner paid.

Given under the corporate seal of the City of Ottawa this 16th
day of October, 1905.

Certified,

(Sgd.) John Henderson, (Sgd.) J. A. Ellis,

City Clerk. Mayor.

SCHEDUL E

Cliap. 81

CITY OF OTTAWA.

6 Edw. YII

Rate of
nterest.

cent
cent
cent
cent
cent-
cent
een}
cent
cent
cent
cent
cent

per
per
per
per
per
per
per
per
per
per
per
per

Period of

r\n vm PT1 1

20 years
20 years
20 years
10 years
20 years
5 years
5 years
10 years
10 years
10 years
10 years
10 years

Amount to
be borne
by

i < V V WO j ^ICi

o
»

ooo^aiOMiONGiooa

coHionoimNooorHNic
atNooOH co >— i oo
1-1 1-1

CCiOOi-^Oir-lr-COrHCOt- f

HO»OCt"000)!OC4l-

Amount
be bon
by cit)

NOH*0-*Ol010©HCC
COIOOINIOIDCCOQO^H-

-+"of of oi~-*"i-T *fo>eieicrS

T-i ■* r-H

Total cost
of work.

i-ico^iccocooort<05eoco~

OOM05N-*00NC0(0OI-

055D03-t<00a505OlMC«3-*00
NCClPNCJ5COH(N-*«DO-T
lOCO-tfCOOiOTffSOOJCXi— o

co oo'^ao" ■*~co' otTseTio"'*"!--'

(O i-IHOO H Mr.

eS S

•e 8

oooooooooooc:

r-Hi— li— !i— li-Hi-Hl— 't-Hl— I I— I — li— I

>"» >> r>. >•> r>» >, r>» i>> >»» >^ >.

<s c

p S cj c!

5 "

o5 eS

if ft

& if it^S

55 4) CB &c cd

CJ CS OS

if if if

i 1 -
X) T3 TT

£ C u p 05 _M w
0J OB 03 w JC q (J

* ^ ^ b fr os t«

ca cv g» ,ei 5 rp —*
CO t» 73 H ■< Ph 0-1

CCJ QD tfi

S £ £

_ OB 01 *
k h k h I-

U O U t) o

OB OB

c c

o o

c p c

o o c

•-VkBi-Xq jo -ok

By-Laws

1906.

CITY OF OTTAWA.

Chap. 87

as i

: E 2 S c c

o y y y y y y y

i I I J I

y y y y y

M *4 t. «-

t> <D 05 D <D

(MMMt-'+'tH-tO-tHlOO
CO CO ^ — lO CT> OS l~ »C CO lO CO CO

od" t -~ at co~ r-T r-Tcq" af i-T c-~ aT r-i"

o »

CD
T3

COt»rHHOlN00010t-!00)t-

MOrtH lOasOit—lOCOlfloOCO
03t-NlOK3C-XO)OtD-^OCC

ad" t-^" 05 co~ r-T i-T cnT aT i-T t-' aT i-+

rH • r-l tH . IM

■+ -t -t -t -t m is io 19 in w m ic

OOQOOOOOOOOOO

CO CO CO CD CO i

-1 5

0& o

• £

'-3

" 00 • GO tC 03

SJ-g

^ CD oo c3 c3

Cm a £ |s £

£ s

3 £

y *=
2 ,±<l

^ rn d i— ' ® "fli "rt^

3fC^

i. 1.

CD CD

y y

£ £ L AS R H E

i m oq E-i ■«) O O O

<CN*SOOHNf!-tiC3l-

i~ i~ i~ i- x ft- r-t-c- t>- t-

COCOCOCOCO— *■—*■■*}"— *-f-+'—t<-*+'
CNlCNCNO-)CNC>ic<lCNCMCNC>lC<IC<l

CUMULATIVE

Chap. 87.

CITY OF OTTAWA.

6 Edw. VII

p
©
*
<

* 5

° 1

05 '

So i— i

0 5

* s

K J

P *

1 s

Q u

* 2

s S

b s

0 co
g §

1 5

Rate of
ntereet.

cent,
cent,
cent,
cent,
cent,
cent.

h h h h

g> d) t> flj OJ Cv^

Period
of

payment.

W CO CO CO GO 00

§ *a h b £3 !3

C3 C3 C3 CQ C3 CC
CP CU CP CP CP CP

p>> ^ >->>->>->

o *o o o >c o

,-( NH CN

Oi Oi C— CM OS Oi
CO Oi CO CD lO CO

Amouut
be borne
ratepaye

«»

CM © CN O CO
CO © 00 CM CO

CO 00 00 r—i 00_-*_

CO~ pH CO" i-T r-T
CN CD ^ CO

Amount to
be borne
by city.

t- CM CM CM CM
00 Ol IQ CM t- CM

CD Oi CO ■* CO
t~ lO Tfi CO CO

o >n "* co co c~_

tH r-T lo~ oi" r-Too
CM <M ■* lO

CDH»'*-IO
CM Oi 00 CO CO OS

Total co
of work

Oi lO i— t CO Oi
ICIOKHIOO

CO CO ©
•*Te<5 ©i-Tos ©
Oi Oi CM
rH

H .

V r-i
l'g

1904.
1904.
1904.
1905.
1905.
1905.

When ps
by Coui

16 May,
16 May,
16 May,
19 June,
19 June,
19 June,

to a;

•<
J
P

p
o

c3
U
OS

ea
Eh

coO

* C

CP cB

m a

(I) to m

* o

U -*! H Oh gg

©-« ^ f
2; c ,5

i— < CN CO 00 Oi ©
00 CO 00 Oi Oi ©
CO CO CO tJ< >(}
CN CM CN CM CM CM

CHAPTER

1906.

CITY OF PETERBOROUGH.

Chap. 88 679

CHAPTER 88.

An Act respecting the City of Peterborough.

Assented to 14th May, 1906.

WHEliEAS the Corporation of the City of Peterbor- Preamble,
ough has by petition represented that by proclama-
tion of His Honour, the Lieutenant-Governor in Council,
dated the. 9th day of December, 1903, by which the Vil-
lage of Ashburnham was added to the Town of Peterbor-
ough, it is directed that the United Municipality should
within two years from the union construct an outfall
sewer and septic tank in that part of the said United
municipality which consisted of the Village of Ashburn-
ham and is now ward number five of the said City, and
that debentures of the Town of Peterborough be issued to
pay therefor, but that no provision was made for the issue
of such debentures and that the contract for said work
has been let and the same is nearly completed, and ihat
it is necessary that an issue of debentures should be
authorized to pay for the cost thereof, which will not ex-
ceed $12,000; that the debentures authorized by By-law
number 1077 passed on the 20th May, 1904, being a by-
law to provide for borrowing $50,000 to purchase a site
for and to pay for the erection and equipment of a Col-
legiate Institute have not been issued although the site
has been purchased, but the building has not yet been
proceeded with, and it is desirable that the time for issu-
ing such debentures may be extended ; that during fresh-
ets large quantities of water from the Townships of Smith
and Douro, adjoining- the City of Peterborough, flow
through Wards numbers 3 and 4 and Ward number 5 of
the said City in certain water courses or drains which are
at other times dry, and by overflowing the banks, damage
public and private property, and it is possible to divert said
water and turn it into the river at points nearer where it
enters the city limits and thus prevent such flooding, and
petitions signed by the persons throiigh whose property the
said water courses in Ward number 5 run have been
received asking for the same, and the water courses in
Wards numbers 3 and 4 being almost entirely on public

property

68<>

Chap. 88.

CITY OF I'ETEUBOllOUGII.

6 Edw. VII

property, it is desirable that this should be done and the
cost thereof paid by general tax, and that authority should
be given for that purpose; that in the year 1893 a certain
drain was constructed in Wards numbers 1 and 2 of the
said city and debentures were issued under By-law number
689 to pay for the cost thereof and the interest and sinking
fund of the portion payable by the ratepayers by special
rate on the lands benefited has been paid up to the present,
but owing to the construction of sewers in the locality
through which the said drain extends, the same is not now
of value to the said lands and the said property is now
assessed for the said sewers, and it is inequitable
that the same property should be assessed for both
said drain and sewers and that the amount payable
by the ratepayers by special rate on the lands bene-
fited being the sum of $311.44 per year for the next eight
years, should be paid by a general tax and that the council
of the said city should be authorized to pass a by-law pro-
viding for the same ; and whereas the said corporation has
by its petition further represented that it is desirable
that By-law number 1177, passed on the twenty-fifth day
of September, 1905, to aid P. Downham in the establish-
ment of a creamery by a fixed assessment of $ 1,000 for five
years, set forth as Schedule "A" hereto; By-law number
1185, passed on the fourth day of December, 1905, to aid
The Central Milling Company (Limited), by a fixed assess-
ment of $12,000 for ten years, set forth as Schedule "B"
hereto, and By-laws numbers 1148, 1149, 1150, 1151. and
1199, specified in Schedule "C" hereto, be ratified and con-
firmed; and whereas the value of the whole rateable pro-
perty of the said city,, according to the last revised assess-
ment roll, is the sum of $6,663,626, and the existing deben-
ture debt exclusive of local improvement debts is the sum
of $626,854.46, and no part of the principal or interest
thereof is in arrear; and whereas the said corporation
has prayed that an Act may be passed for the purposes
aforesaid; and whereas it is expedient to grant the
prayer of the said petition to the extent hereinafter set out ;

Therefore His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of On-
tario enacts as follows : —

Authority to 1. It shall be lawful for the council of the corporation
forconsfruc"00 of the City of Peterborough, without the assent of the
and septic^1 ratepayers of the said municipality, to pass a by-law for
tank. the purpose of providing for and authorizing the borrow-

ing on the credit of the municipality of a sum not exceed-
ing1 $12,000, to pay the cost of and incidental to the con-
struction of the outfall sewer and septic tank in ward
number 5 of the said city, including any extras and the

engineering

1906.

CITY OF PETERBOROUGH.

Chap. 88

engineering and inspection expenses in connection there-
with and the price of the lands purchased for the pur-
poses of the construction of such outfall sewer and septic
tank and to issue the debentures of the corporation there-
for, to be payable within thirty years from the date of
issue of the same and sell and dispose of the same, and
the said by-law when passed and the debentures issued
thereunder shall be legal, valid and binding.

2. Notwithstanding the provisions of section 384 <ti%g£$Jg*a
The Consolidated Municipal Act, 1903, the debentures to t>>-iaw no
be issued under By-law number 1077 of the sa'd corpora-
tion, passed on the twentieth day of May, 1904, need not

be dated and issued all at one time, but said debentures
may be dated when issued respectively, and may be issued
in instalments of such amounts (not exceeding in the
aggregate the total amount authorized by the said by-
law) and at such times within five years from the passing
of this Act as the council of the said corporation may
direct.

3. It shall be lawful for the council of the said cor- D0Xag,ewar !
poration to proceed with the drainage works and dtvers'on 5, authorized
of the water course in ward number 5 of the said city
according to the report, specifications and detailed esti-
mates and plans prepared for the same by the City En-
gineer and filed in the office of the city clerk with power

to enter upon any lands in the said municipality and to
do all things and take all proceedings necessary for that
purpose, and the cost of and incidental to such drainage
works shall be payable by the municipality at large by
general tax on the whole rateable property of the muni-
cipality.

4. It shall be lawful for the council of the said cot- Diversion of
poration for the purpose of providing for the diversion of wards 3 and 4.
a water-course in wards numbers 3 and 4 of the said city

to construct a drain from the right of way of the Grand
Trunk Railway to the River Otonabee along either Bar-
nardo Avenue and through Inverlea Park or along Edin-
burgh Street, with power to enter upon any lands in the
municipality and to do all things and take all proceedings
necessary for that purpose, and the cost of and incidental
to such work shall be payable by the municipality at
large by a general tax on the whole rateable property of
the municipality.

5. It shall be lawful for the council of the said cor- Authority to
poration having first obtained the assent of the ratepay- to"°<mstow>-°
ers of the said city qualified to vote on money by-laws, """ina^"'1"'
to pass a by-law authorizing the borrowing on the works,
credit of the municipality of a sum not exceeding $8,000,

to pay the cost of the said works authorized by sections

682 Chap. 88. city op Peterborough. 6 Edw. VII

Payment of
debentures
under by-law
C89 out of gen-
eral rate.

By law No.
1177, fixing
assessment
P. Downham,

confirmed.

3 and 4 hereof, and to issue the debentures of the cor-
poration therefor to be payable within thirty years from
the date of the issue of the same, and to sell and dispose
of the same, and the said by-law when passed and the de-
bentures issued thereunder shall be legal, valid and
oinding.

6. It shall be lawful for the council of the said cor-
poration, with the assent of the ratepayers qualified to vote
on money by-laws, to pass a by-law to provide that all future
payments of interest and sinking fund on the debentures
issued under By-law number 689 of the said city shall be
paid by general tax sufficient for that purpose on the whole
rateable property of the municipality.

7. Subject to thfe provisions of section 9, By-law
number 1177 of the said corporation, passed on the
twenty-fifth day of September, 1905, intituled, "A
by-law to aid P. Downham in the establishment of a
Creamery in the City of Peterborough" by a fixed assess-
ment of 381,000 for a period of five years, which by-law
is set out as Schedule "A" hereto is hereby confirmed and
declared legal, valid and binding according to the true
intent and meaning thereof.

By law No. .8. Subject to the provisions of section 9, By-law
«issessEQentof number 1185 of the said corporation, passed on the
c™S8fourtl1 day of December, 1905, intituled, "A By-law
to aid the Central Milling Company (Limited)," by a fixed
assessment of f 12,000 for a period of ten years, which by-
law is set out as Schedule "B" hereto is hereby confirmed
and declared legal, valid and binding, according to the
true intent and meaning thereof.

Fixed assess- 9. Notwithstanding anything contained in By-laws
inchideschooi numbers 1177 and 1185, the fixing of the assessment as
purposes. therein provided for shall not affect or apply to taxation for
school purposes, and the lands and properties mentioned in
the said by-laws shall for school purposes be assessed and
be liable to taxation as though the said by-laws had not been
passed.

fn sched'c °ut 10 By-laws numbers 1148, 1149, 1150, 1151 and 1199
confirmed. " of the said corporation specified in Schedule "C" hereto,
and all debentures issued or to be issued thereunder, and
all assessments made or to be made for the payment there-
of are hereby confirmed and declared to be legal, valid
and binding.

SCHEDULE

1906.

CITY OF I'JOTKHUOKOUGII.

Chap. 88

SCHEDULE A.

By-Law Number 1177.

A By-law to aid P. Downham in the establishment of a Creamery
in the City of Peterborough, passed the 25th dav of Septem-
ber, 1905.

V. hereas P. Downham has represented to the council of the City
of Peterborough that he proposes to establish a creamery in the
said city, and has purchased for that purpose the following parcel
of land, namely, part of lot number eight north of Simcoe Street
and est of George Street, in the said City of Peterborough, des-
cribed as follows : Commencing in the eastern limit of said lot at
the distance of five feet southerly from the northeast angle thereof,
thence southerly along said eastern limit forty-nine feet, thence
westerly parallel with the northern limit of said lot to the western
limit thereof, thence northerly along said western limit forty-nine
feet, and thence easterly parallel to said northern limit to the
place of beginning, and proposes to erect thereon a one-storey brick
building not less than fifty feet long by not less than thirty-five
feet wide, such building to conform in all respects, except as to
the height thereof, to the building by-law, and to be equipped with
suitable machinery for manufacturing dairy products, and to oper-
ate the same substantially according to the capacity thereof for at
least ten months in each year, and has requested the said council
to aid him by fixing the assessment of the said land, buildings,
machinery and fixtures at the sum of one thousand dollars for the
period of five years, and it is desirable and in the public interest
to grant the said request, subject to the confirmation thereof by
the Legislature.

The corporation of the City of Peterborough, by the council
thereof, therefore, enacts as follows : —

1. This by-law shall take effect upon and only upon the confirma-
tion thereof by the Legislature of the Province of Ontario.

2. Piovided the said P. Downham shall, within six months from
the passing of this by-law, erect, complete and equip with suitable
and sufficient machinery and appliances on the land above described
a one-storey brick building of the size above mentioned, and have
the same in operation, the said land and the buildings, plant,
machinery and fixtures thereon used exclusively for the purpose of
manufacturing dairy products, on which taxes are to be levied,
and including the business assessment thereof, shall be fixed and
remain fixed at the sum of one thousand dollars for a period of
five years, computing from the first day of January, 1906, and the
return and oath of the assessor or assessors in respect thereof shall
be amended accordingly, but the said land shall also be liable for
all frontage and local improvement assessments, rates and taxes
that may be charged against the same; provided, however, that
if at any time within the said term of five years the said building
shall not be bona fide used for the purposes aforesaid substantially
according to the capacity thereof for the period of at least ten
months in each year, then such fixed assessment shall cease, and
the said land, building, plant, machinery and fixtures shall be
assessed, and the said business assessment shall be fixed as pro-
vided by the Assessment Act then in force; piovided, however, that
in the event of the said non-user, being occasioned by the destruc-
tion of the said building by fire, six months from the date of the
said fire shall be allowed for rebuilding and getting the said manu-
factory into operation, and, if the said manufactory is completed
and in operation within the said period of six months such non-
user occasioned by the destruction by fire as aforesaid shall not be
taken to put an end to the said fixed assessment.

684

Chap. 88.

CITY OF PETERBOROUGH.

6 Edw. VII

3. The said P. Downham shall, prior to the first day of March
in each year, file with the city clerk a statutory declaration made
by himself, proving that he has complied with and is observing all
the terms, conditions and provisions of this by-law, and, on his
neglect to furnish such declaration, it shall be prima facie taken
that such terms, conditions and provisions have not been per-
formed, observed and kept.

4. Notwithstanding the provisions of by-law number 612 of the
corporation, the said P. Downham shall be permitted to erect on
the land above described a one-storey brick building of the size
above mentioned, provided the said building shall conform in all
other respects with the provisions of the said by-law.

(Sgd.) Henry Best,

Mayor.

(Seal)

(Sgd.) S. R. Armstrong,

Clerk.

SCHEDULE B.

By-Law Number 1185.

A by-law to aid the Central Milling Company, Limited, passed the
14th day of December, 1905.

Whereas the Central Milling Company has represented to the
council of the City of Peterborough that the said company has
leased from the Canadian Pacific Railway Company certain land
in the city of Peterborough, being composed of part of lots numbers
one and two south of Dalhousie Street and west of George Street,
described as follows : Commencing on the south side of Dalhousie
Street at a point therein at which a line drawn as a continuation
northeasterly of the southeastern wall of the office of the said Cen-
tral Milling Company, Limited, would intersect the same, thence
southwesterly along said line and along the southeastern wall of the
said office and the mill, elevator and storehouse of the said company
two hundred and twenty-seven feet, more or less, to the southwest
corner of the said storehouse, thence northwesterly along the south-
western wall of the said storehouse and continuing in the same
course in all fifty feet, thence northeasterly parallel with the north-
western wall of the storehouse to the westerly end of the old Wright-
ton office (now used as a bag room), thence northwesterly along the
westerly wall of said bag room to the northwest corner thereof,
thence northeasterly along the northerly wall of said bag room to
the northeast corner thereof, and thence southeasterly along the
easterly wall of said bag room to a point fifty feet northeasterly
in a direjt line from the southeasterly wall of said storehouse,
thence northeasterly parallel with and fifty feet distant from the
said southeast wall of said storehouse, elevator and mill to Dal-
housie Street, and thence along the south side of Dalhousie Street
to the place of beginning, and has erected thereon a grain eleva-
tor, an office, and a flour mill having a capacity of two hundred
barrels per day of twenty-four hours, and employing at least fif-
teen hands, and is doing an extensive flour milling business in
tbe said city, and that other manufacturers engaged in the said
business in the said city have been assisted by having their assess-
ments fixed at a certain sum for a certain period, and that the
said company is entitled to similar treatment;

A nd

1906.

CITY OF PETEUBOKOUGH.

Chap. 88

685

And whereas it is desirable and in the public interest to accede
to the said request, and to pass a by-law fixing the assessment of
the said company at the sum of twelve thousand dollars for a period
of ten years, subject to the confirmation of such by-law by the Leg-
islature.

The corporation of the City of Peterborough, by the council
thereof, therefore, enacts as follows : —

1. This by-law shall take effect upon and only upon the confirma-
tion thereof by the Legislature of the Province of Ontario.

2. The assessment of the said land and the buildings, plant,
machinery and fixtures thereon used exclusively for manufacturing
purposes on which taxes are to be levied, including the business
assessment thereof, shall be fixed and remain fixed at the sum of
twelve thousand dollars for a period of ten years, commencing on
the first day of January, 1906, and the return and oath of the
assessor or assessors in respect thereof shall be amended accord-
ingly, but the said land shall also be liable for all frontage and
local improvement assessments, rates and taxes that may be charged
against the same, provided, however, that if the said land and
buildings shall cease to be bona fide used for the manufacturing
of flour within the said term of ten years, or if the said company
shall within the said term of ten years fail or neglect to carry on
the said business in the said premises substantially according to
the capacity thereof for a period of twelve consecutive months, then
such fixed assessment shall cease, and the said land, buildings,
plant, machinery and fixtures shall be assessed, and the said busin-
ess assessment shall be fixed as provided by the Assessment Act
then in force.

3. The said company shall, prior to the first day of March in each
year, file with the city clerk a statutory declaration made by an
officer of the company, who shall therein state his knowledge of the
facts, proving that the company has complied with and is observ-
ing all the terms, conditions and provisions of this by-law, and, on
the neglect of the said company to furnish such declaration, it shall
be prima facie taken that such terms, conditions and provisions
have not been performed, observed and kept.

(Sgd.) Henk* Best,

Mayor.

(Seal)

(Sgd.) S. R. Armstrong,

Clerk.

SCHEDULE

686

Chap. 88.

CITY OF PETERBOROUGH.

6 Edw. VII

SCHEDULE C.

Particulars of by-laws confirmed by section 10 of the foregoing Act.

CD *TJ '

a* "S

v ni . , When passed Amount of debt "8 ^ S3

JNo. UDject. bv Council. created.

1148 Local improvement

debentures for share
of cost of grano-
lithic sidewalks con-
structed in 1904,
payable by local

special rate 16 May, 1905. $7,897 41 20

1149 Local improvement

debentures for share
of cost of grano-
lithic sidewalks con-
structed in 1904,
payable by the cor-
poration 16 May, 1905. 6,026 60 20

1150 Local improvement

debentures for share
of cost of sewers
constructed in 1904,
payable by the cor-
poration 16 May, 1905. 1,771 05 30

1151 Local improvement

debentures for share
of cost of sewers
constructed in 1904,
payable by local

special rates 16 May, 1905. 7,614 02 30

1199 Debentures foi the
purchase of a site
and to pay for the
erection and equip-
ment of a fire hall,

etc 8 January, 1906 . 25,000 00 20

CHAPTER

1906.

TOWN OF PETROLIA.

Chap. 89

CHAPTER 89.

An Act respecting the Town of Petrolia.

Assented to 14th May, 1906.

WHEREAS the Municipal Corporation of the Town of
Petrolia has by petition represented thai By-law

No. 754 specified in Schedule "A" hereto authorizing
the borrowing1 of $6,143.18 by the issue of debentures for
the construction of granolithic sidewalks was finally passed
on the 10th day of July, 1905, and that By-law No. 769.
specified in Schedule "B" hereto, authorizing the borrowing
of $4,025.88 by the issue of debentures for the construction
of cement sidewalks was finally passed on the 19th day
of February, 1906; and whereas the said corporation
has prayed that the said by-laws should be confirmed in
order to enhance the value of the debentures; and
whereas the said corporation has further represented that
one Robert Anderson and one Adam Murray, manufactur-
ers, have agreed to erect in said town a plant for the mak-
ing of gas engines and kindred mechanical devices, and to
employ a certain number of men continuously therein ; that
said Anderson and Murray have requested and a large num-
ber of the ratepayers of said corporation have petitioned
that the assessment of the plant and property of said manu-
facturers should be fixed at $2,000 for ten years, and be
supplied with free water for a like period ; that the assess-
ment of the land on which said plant is to be erected is now
only $500; that by reason of said corporation owning its
own waterworks system, and of said manufacturers propos-
ing to operate said plant with power supplied by gas en-
gines, the amount of water required will be comparatively
small and will be furnished at practically no additional ex-
pense to said corporation ; that in pursuance of said rate-
payers' petition said corporation passed by-law number 775,
set o\ii as Schedule "C" hereto; and it is desirable that the
said by-law be confirmed; and whereas no objections have
been raised to any of the said by-laws, nor to the confirma-
tion thereof; and whereas it is expedient to grant the prayer
of the said petition;

Therefore

Chap. 89.

TOWN OF PETROLIA.

6 Edw. YII

Therefore His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of Ontario,
enacts as follows : —

?54lndS769°oi By-laws numbered 754 and 769 of the Municipal Cor-

town of poration of the Town of Petrolia, more particularly referred
firmed.aconf to in Schedules "A" and "B" hereto, and all debentures
issued or to be issued thereunder, and all assessments made
or to be made for payment thereof, are hereby confirmed
and declared to be legal, valid and binding.

oUcwnof' 7'6' -• By-law number 775 of said municipal corporation, in-
petroiiacon- tituled "A by-law to fix the assessment of Anderson and
Murray, manufacturers at the sum of $2,000 for ten years
and to grant them free water during same period on cer-
tain conditions," which by-law is set out as Schedule "C"
hereto is confirmed and declared to be legal, valid and bind-
ing-

firmed.

SCHEDULE "A."

By-law numbered 754 of the municipal corporation of the Town of
Petrolia, entitled, "A By-law to provide for borrowing $6,143.18
by the issue of debentures secured by local special rates, and
otherwise, for the construction of granolithic sidewalks in the
Town of Petrolia."

Total Town's Ratepay- Period Rate of
Street and Section. cost pro- er's pro- of interest
of work, portion, portion, years. %.
South side of School
Street from the east side
of Chestnut Street to
the east side of Green-
field Street, a total dis-
tance of 370 feet $176 98 $ 88 01 $ 88 97 20 4

West side of Tank Street,
from the north side of
Petrolia Street to the
north side of Railroad
Street, a total distance

of 277 feet 224 60 106 85 117 75 20 4

East side of West Street,
from the south side of
Petrolia Street to the
south side of Annie
Street, a total distance

of 368 feet 183 35 93 74 89 61 20 4

East side of First Aven-
ue, from the north limit
of Sixth Street souther-
ly to the line between
sub. lots 67 and 66, a
total distance of 700

feet 343 00 151 90 191 10 20 4

East side of First Aven-
ue, from the north side
of Petrolia Street to the
north side of Sixth
Street, a total distance

of 1,090 feet 651 65 371 89 279 76 20 4

Street

1906. town or petrolia. Chap. 89 689

c o ■ a

Street and Section. 2^ »o *S B ° |

^ o& «ft £^ «~

South side of Victoria
Avenue, from the west
side of Queen Street to
the east side of Prin-
cess Street, a total dis-
tance of 410 feet 209 43 86 83 122 60 20 4

North side of Petrolia
Street, from a point
opposite the line be-
tween lots 11 and 12,
Daniel's survey, easter-
ly to a point 200 feet
east of the easterly
limit of sub. lot 1,
Fairbank's survey, a to-
tal distance of 2,444

feet 1,094 61 471 67 622 94 20 4

North side of Dufferin
Avenue, from the west
side of King Street to
the west side of Maude
Street, a total distance

of 1,342 feet 822 63 398 62 424 01 20 4

North side of Dufferin
Avenue, from the west
side of Greenfield
Street to the west side
of King Street, a total

distance of 800 feet.... 461 47 238 17 223 30 20 4
South side of Third Street,
from the east side of
First Avenue to the
west side of Fourth
Street, a total distance

of 755 feet 346 76 161 12 196 64 20 4

South side of Railroad
Street, from the west
side of Tank Street,
westerly, a distance of

390 feet 197 14 78 86 118 28 20 4

North side of Railroad
Street, from the east
side of Tank Street,

westerly, a distance of

423 feet 229 37 102 48 126 89 20 4

West side of Tank Street,
from the north side of
Railroad Street, nor-
therly, a distance of

352 feet 189 87 76 96 113 92 20 4

South side of Dufferin
Avenue, from the west
side of King Street to
the east side of Huggard
Street, total distance

of 1,611 feet 1,012 42 573 88 438 64 20 4

Total

44 s.

$6,143.18 $2,989 87 $3,163 31

SCHEDULE.

690

Chap. 89.

TOWN OF PETROLIA.

6 Edw. VII

SCHEDULE "B."

By-law numbered 769 of the municipal corporation of the Town of
Petrolia, entitled "A By-law to provide for borrowing
$4,025.88 by the issue of debentures secured by local special
rates and otherwise for the construction of cement sidewalks
in the Town of Petrolia."

Street and Section. J". 2 — /

EH P5 Pu

West side of Maude
Street, from the south-
erly limit of the pre-
sent walk on the south
side of Dufferin Aven-
ue, south, a distance of

557± feet $327 60 $133 69 $193 91 20 4*

West side of Fourth
Street, from the south
side of Petrolia Street
to the south limit of
Fifth Street, a distance

of 760 feet 370 50 186 22 184 28 20 4*

East side of Fourth
Street, from the south
side of Petrolia Street
southerly to a point
opposite the line be-
tween lots 122 and 123
on the east side of
Fourth Street, a dis-
tance of 638 feet 302 00 137 27 164 73 20 4*

East side of Hartford
Street, from the south
side of Petrolia Street
to the north side of
North Street, a dis-
tance of 349 feet 183 75 104 78 78 97 20 4J

North side of North
Street, from Hartford
Street easterly to a
point 28 feet east of the
westerly limit of Wood
Street, a distance of

1,205 feet 555 00 240 80 314 20 20 4*

Southwesterly side of
Queen Street, from the
southwesterly side of
Wellington Street to a
point 108 feet southeast
of Grove Street, a dis-
tance of 577 feet 341 70 178 96 162 74 20 4*

East side of Princess
Street, from its inter-
section with the north
westerly side of Nelson
Street to the C. S. R.
right of way, a distance

of 267i feet 144 00 72 20 71 80 20 4*

44a 8. Street

1906. town of petrolia. Cliap. 89 691

Street and Section. grg J" § «o

"3? >"£ £2 -2 c3 «

H H « Ph PS

Southeasterly side of Nel-
son Street, from Queen
Street to Princess
Street, a distance of

751* feet 401 00 195 62 205 38 20 4*

East side of Centre
Street, from Petrolia
Street north to the
north limit of the lane
in rear of lots fronting
on Petrolia Street, a

distance of 130 feet ... 93 23 45 89 47 34 20 4*

East side of Centre
Street, from the north-
erly limit of the lane in
the rear of lots fronting
on Robert Street north-
erly to the present walk
on the northerly side of
Robert Street, a dis-
tance of 144* feet 87 70 51 33 36 37 20 4*

East side of Centre
Street, from north side
of Robert Street north-
erly, a distance of 1,680

feet 689 00 306 35 382 65 20 4*

West side of Oil Street,
from Petrolia Street to
a point 80 feet south
of the same, a distance

of 80 feet 70 00 28 00 42 00 20 4*

West side of Oil Street,
from a point 80 feet
south of Petrolia Street
southerly a distance of

142 feet 84 00 33 60 50 40 20 4*

North side of Emma
Street, from Emmaline
Street east, a distance

of 241 feet 88 00 35 20 52 80 20 4*

West side of Albany
Street, from the walk
on the south side of
Dufferin Avenue north-
erly, a distance of 257

feet 103 00 59 04 43 96 20 4*

East side of Station
Street, from the north-
erly limit of Petrolia
Street, a distance of 126

feet 100 00 40 00 60 00 20 4*

North side of Petrolia
Street, from the walk on
the west side of Tank
Street easterly, a dis-
tance of 152 feet 85 40 45 62 39 78 20 4*

Total

$4,025 88 $1,894 57 $2,131 31

SCHEDULE

692 Chap. 89. town of petrolia. 6 Edw. VII

SCHEDULE "C."
By-law No. 775.

A By-law to fix the assessment of Anderson and Murray, Manu-
facturers, at the sum of two thousand dollars for ten years, and
to grant them free water during same period, on certain con-
ditions.

Whereas Robert Anderson and Adam Murray, Manufacturers,
have arranged for the purchase of a certain parcel of land and
premises, situate lying and being in the Town of Petrolia, in the
County of Lambton, and Province of Ontario, described as being
sub-lots 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22 on the north
side of Andrew Street, being in block "E" of Elliott's survey, and
subdivision of the east half of lot 12, 11th concession, formerly in
the Township of Enniskillen, but now in the Town of Petrolia ;

And whereas the said land is now unused and the total assessment
thereof at the present time is the sum of five hundred dollars;

And whereas the said Robert Anderson and Adam Murray have
represented that they will erect on said lands certain buildings and
instal a plant therein, which buildings and plant are to cost not less
than twelve thousand dollars, for the purpose of engaging in the
manufacture of gas engines, gas producers, and other kindred mech-
anical devices, and to employ not less than twelve men continuously
for eight months during each year for a period of ten years, here-
inafter fixed, provided the Town of Petrolia shall fix the assessment
on the said land and the buildings to be erected thereon and plant
to be installed therein combined at the sum of two thousand dollars
for a period of ten years, and provided that the said Town of Petro-
lia grants them free water for the purposes of the said manufactur-
ing business for a period of ten years ;

And whereas a petition, very largely signed by the ratepayers of
the Town of Petrolia, has been presented to the council requesting
that the proposition of the said Anderson and Murray be accepted,
and that a by-law be passed granting said fixed assessment and free
water ;

Therefore the municipal council of the corporation of the Town
of Petrolia, subject to this by-law being validated, confirmed and
made operative by the Legislature of the Province of Ontario, en-
acts as follows : —

1. That if on or before the thirty-first day of December, 1906, the
said Robert Anderson and Adam Murray, their executors, adminis-
trators and assigns do erect said buildings and instal said plant and
put the same in operation employing not less than twelve men, as
hereinafter provided, then the annual assessment of the aforesaid
real property of the said Robert Anderson and Adam Murray, their
executors, administrators and assigns, and the buildings to be erect-
ed thereon, and the plant and other personal property to be installed
therein, shall for all purposes whatsoever be fixed at the sum of two
thousand dollars for a period of ten years from the said thirty-first
day of December, 1906.

2. That all property which the said Robert Anderson and Adam
Murray, their executors, administrators and assigns shall hereafter
acquire (provided the same is erected or placed on the said described
land, and provided the same is not for residential purposes, but is
for use in connection with their said manufacturing business) shall
for the portion of said period of ten years, which shall not then have
elapsed, be included in the fixed assessment herein provided for.

3. Should the said Robert Anderson and Adam Murray, their exe-
cutors, administrators and assigns fail in any one year during the

said1

1906.

TOWN OF PETROLIA,

Chap. 89

693

said term to carry on the said manufacturing business on said land
for at least eight months thereof, or should they fail to employ at
least twelve men therein continuously for eight months in any year,
the Town of Petrolia may, in the next year after said default, and
as often as such default shall be made, assess the said real and per-
sonal property as if this by-law and any Act validating the same
had not been passed; but the said Robert Anderson and Adam Mur-
ray, their executors, administrators and assigns shall, upon payment
of the taxes levied upon the assessment made by reason of such de-
fault, be thereafter entitled to the benefit of the assessment fixed by
this by-law upon compliance with the conditions thereof.

4. That all men employed by the said Robert Anderson and Adam
Murray in the said manufacturing business shall become residents of
the Town of Petrolia.

5. That in the event of the buildings and plant being erected and
installed and put in complete running order on or before the said
thirty-first day of December, 1906, water, for the purposes of the
said business, to an amount not exceeding one hundred barrels in
any one week shall be supplied free of charge by the town to the
said Robert Anderson and Adam Murray, their executors, adminis-
trators and assigns for the period of ten years from the said thirty-
first day of December, 1906, for the exclusive use of the said Robert
Anderson and Adam Murray, their executors, administrators and
assigns, in the said proposed manufactory and for the purposes
thereof only ; provided, however, that the pipes to connect with the
existing water mains of the town shall be furnished and laid and
all connections made at the expense of the said Robert Anderson
and Adam Murray, subject in every respect to the supervision and
approval of the Commissioners of the Petrolia Waterworks.

6. It is provided further that no water shall be wasted or allowed
to run to waste in said establishment or on said property, and the
water commissioners may at any time place meters on any pipe or
pipes supplying said premises with water, at such place or places as
they may think proper. It is also provided that the rules and by-
laws respecting the said waterworks of the town from time to time
in force shall apply to the said Robert Anderson and Adam Murray,
their executors, administrators and assigns, except in so far as they
are inconsistent with this by-law.

7. It is further enacted that the said Robert Anderson and Adam
Murray, their executors, administrators and assigns shall have the
right, at their own expense, to erect a hydrant or hydrants on their
main or mains or pipes at the works, to be used solely for the pur-
pose of fire protection, which hydrants shall at all times be at the
service and use of the fire department of the said town for fire or
other purposes

8. It is provided, also, that no claim for damages shall be had or
made by the said Robert Anderson and Adam Murray, their execu-
tors, administrators and assigns against the town or the water
commissioners thereof, or their or either of their employees for any
damage that may be sustained by the said Robert Anderson and
Adam Murray by reason of the failure of the town at any time or
times, owing to accident (whether attributable to negligence or not)
or from any other cause to keep the said manufactory and premises
supplied with said quantity of water, as hereinbefore provided.

9. It is provided also that nothing herein contained shall affect
the rates which hereafter may be imposed in respect of local im-
provements constructed under the local improvement clauses of The
Municipal Act, or any of them, in so far as the same relate to im-
provements made along side or in front of the said hereinbefore
described land.

<594

Chap. 89.

TOWN OF PETROLIA.

6 Edw. VII

10. It is provided also that the said Robert Anderson and Adam
Murray, or their executors, administrators or assigns, before being
entitled to the benefit of the provisions of this by-law shall, if re-
quired by the municipal council of the Town of Petrolia so to do,
enter into an agreement with the town expressing their approval
of the provisions and enactments herein contained, and to which the
said by-law is subject.

Dated this 14th day of April, 1906.

(Seal.)

(Sgd.) John D. Noble.

Mayor.
(Sgd.) John McHattie.

Clerk.

CHAPTER

1906.

TOWN OF PICTON.

Chap. 90 095

CHAPTER 90.

An Act to confirm By-law No. 544 of the Town of

Picton.

Assented to 14th May, 1906.

WHEREAS the Municipal Corporation of the Town of preambie.
Picton have by petition represented that on the first
day of January, 1906, By-law No. 544 of the Town of Picton,
being "A by-law to raise the sum of f 10, 000 for the pur-
pose of installing a new system of electric street lighting
and to increase the incandescent electric lighting system
in the Town of Picton, for the use of the corporation of
the said town and the inhabitants thereof, and to authorize
the issue of debentures therefor," was submitted to the
electors of the said town and was duly approved of by the
said electors, at least two-thirds of the electors qualified to
vote on the said by-law voting in favor thereof; that the
said by-law was read a third time and finally passed on
the 14th day of February, 1906; that doubts have arisen
as to the validity of the said by-law, the same having been
passed after the expiration of six weeks from the date of
the approval of the same by the municipal electors and cer-
tain technical objections to the manner of passing the said
bv-law and the promulgation thereof; and that it is
necessary and desirable that the said by-law should be
confirmed; and whereas the said municipal corporation has
by the said petition prayed that an Act may be passed ;

Therefore His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. By-lay No. 544 of the Municipal Corporation of theBy-iawNo 541
Town of Picton, being "A by-law to raise the sum of JS/SStoBS^10
|10,000 for the purpose of - installing a new system of ,®le^c s^ene 1
electric street lighting, and to increase the incandescent firmed. e°°n
electric lighting system in the Town of Picton for the use
of the corporation of the said town and the inhabitants
thereof, and to authorize the issue. of debentures therefor;"

which

696

Chap. 90.

TOWN OF PICTON.

6 Edw. VII

which by-law is set out in Schedule "A" to this Act, are
confirmed and declared to be legal, valid and binding upon
the said municipal corporation and the ratepayers thereof,
anything in The Consolidated Municipal Act, 1903, or any
other Act to the contrary notwithstanding.

SCHEDULE "A."
By-Law No. 544.

A By-law to raise the sum of $10,000.00 for the purpose of installing
a new system of electric street lighting and to increase the in-
candescent electric lighting system in the Town of Picton, for
the use of the corporation of the said town and the inhabitants
thereof; and to authorize the issue of debentures' therefor.

Whereas the Board of Electric Light and Waterworks Commis-
sioners did on the 6th day of November, 1905, submit a report to
the municipal council of the corporation of the Town of Picton, set-
ting forth and showing the desire of said Board of Commissioners
for the council to raise the sum of $10,000.00 for the purpose of in-
stalling a new system of electric street lighting and to increase the
incandescent electric lighting system in the Town of Picton ; and

Whereas the said municipal council have deemed it expedient to
endeavor to raise the said sum for the purpose stated by submitting
a by-law for the votes of the qualified electors of the said town to
express their approval thereof, and the said sum being necessary and
required for the purpose of purchasing all the plant, machinery, ma-
terial and things necessary to instal a new system of electric street
lighting and to increase the incandescent electric lighting system
in the Town of Picton and the inhabitants thereof, and in order
thereto, it will be necessary to issue debentures of the said town for
the sum of $10,000.00, payable as hereinafter provided, with interest
computed therein at the rate of four per cent, per annum ; and

Whereas to provide for the payment of the annual instalments of
principal and interest as the same shall become due and payable, it
will be necessary to raise a certain specific sum annually during the
currency of such debentures, and until they shall become due and
payable as follows : —

The said debentures shall be payable, one debenture each and
every year, on the 31st day of December during a period of fifteen
years; the first of said debentures to become payable on the 31st dav
of December, A.D. 1906.

In the year. For principal. For interest.

1906 $499 41 $400 00

1907 519 38 380 02

1908 540 16 359 25

1909 561 77 337 64

1910 584 24 315 17

1911 607 61 291 80

1912 631 91 267 50

1913 657 19 242 22

1914 683 48 215 93

1915 710 82 188 59

1916 739 25 160 16

1917 768 82 130 59

1918 799 57 99 84

1919 831 56 67 85

1920 864 82 34 59

And whereas the whole sum to be raised annually by specific rate
upon all the rateable property of the corporation of the Town of

Picton

% Edw. VII.
c. 19.

1906.

TOWN OF PICTON.

Chap. 90

697

Picton for the purpose of paying off the said debentures as they
shall become due, is the equal annual sum of $899.41 over and above
all other rates raised, levied and collected in the municipality of the
Town of Picton ; and

Whereas the amount of the whole rateable property of the Town
of Picton. according to the last revised assessment roll of the said
municipality, being for the year 1905, is the sum of $1,436,452.00;
and

Whereas the amount of the existing debenture debt of the Town of
Picton is the sum of $31,768.36, of which no part of the principal or
interest is in arrears.

Now, therefore, the municipal council of the corporation of the
Town of Picton enacts as follows: —

1. That it may and shall be lawful for the municipal council of the .
corporation of the Town of Picton to raise by way of loan, for the
purpose of installing a new system of electric street lighting and to
increase the incandescent electric lighting system in the Town of
Picton, and for the general benefit of the public and the inhabitants
of said town, the sum of $10,000.00.

2. That in order to raise the said sum of $10,000.00 the municipal
council of the corporation of the Town of Picton shall and may and
they are hereby authorized and instructed to issue, or cause to be
issued, fifteen equal annually payable debentures each including
principal and interest amounting in the aggregate to the said sum
of $10,000.00. subdivided in fifteen annual payments, as hereinbefore
scheduled, said debentures each and every of them to be sealed with
the corporation seal and signed by the mayor and treasurer, and
countersigned by the municipal clerk of the said corporation of Pic-
ton.

3. That an annual sum of $899.11, composed of principal and inter-
est, in amounts as hereinbefore set forth by schedule, shall become
•due and payable, and it shall and may be lawful for the municipal
council of the corporation of the Town of Picton to issue debentures
for the said fifteen annually payable sums.

4. That the said debentures shall be payable at the agency of the
Bank of Montreal in the Town of Picton.

5. That for the purpose of paying off the said debentures from time
to time annually as they become due and payable, there shall be
raised, levied and collected upon all the rateable property of and
within the corporation of the Town of Picton, annually, during fif-
teen years between the years 1906 and 1920, both inclusive, over and
above all other rates whatsoever levied and collected in the said
municipality of the Town of Picton the specific sum of $899.41,
which sum is sufficient to pay off the said debentures and discharge
the debt thereby incurred.

6. That the said sum of $899.41, to be raised, levied and collected
in each and every of the aforesaid years for fifteen years, shall and
may be raised, levied and collected in each of said years by a specific
rate sufficient therefor over and above and irrespective of all other
rates, on all the rateable property in the said municipality of the
Town of Picton.

7. That the municipal treasurer of the said Town of Picton shall,
and may pay, and he is hereby authorized and instructed to pay the
said debentures from time to time annually as they fall due at the
time and place hereinbefore provided, and out of the fund hereby
specifically created and to be raised, levied and collected for that
purpose in each and every year for the said fifteen years, his auth-
ority for so doing being hereby vested in him and without any other
authority than this by-law.

8. That this by-law shall come into force and take effect on, from
and after Monday, the 8th day of January, A.D. 1906.

698

Chap. 90.

TOWN OF PICTON.

6 EDW. VII

9. The votes of the electors of the said Town of Picton, who shall
or may be entitled to vote on this by-law, shall be taken thereon at
the following times and places, that is to say : On Monday, the 1st
day of January, A.D. 1906, commencing at the hour of nine o'clock
in the forenoon, and continuing till the hour of five o'clock in the
afternoon of the same day, by the following deputy returning offi-
cers at the following places: —

Hallowell Ward — Polling Subdivision No. 1. Votes to be polled
at Miss Blanch Taylor's shop. Eli Ketchum to be Deputy Return-
ing Officer. Polling Subdivision No. 2. Votes to be polled at
Richard Ringer's shop. Herbert J. Ringer to be Deputy Return-
ing Officer.

Brock Ward — Polling Subdivision No. 3. Votes to be polled at
Henry Cottrel's shop. Charles M. Cole to be Deputy Returning
Officer. Polling Subdivision No. 4. Votes to be polled at the town
council chamber. Jonathan Mottashed to be Deputy Returning

Officer.

Quinte Ward. — Polling Subdivision No. 5. Votes to be polled at
R. H. Hubbs' office. James E. Patterson to be Deputy Returning
Officer. Polling Subdivision No. 6. Votes to be polled at Geo.
W. Sexsmith's office. William McClymont to be Deputy Returning
Officer.

Tecumseth Ward — Polling Subdivision No. 7. Votes to be polled
at McDonnell's room over the fire hall. R. A. Foster to be Deputy
Returning Officer.

10. That on Saturday, the 30th day of December, A.D. 1905, the
mayor of the said Town of Picton shall attend at the town council
chamber in said town at the hour of eleven o'clock in the forenoon
to appoint persons to attend at the various polling places aforesaid,
and at the final summing of the votes by the municipal clerk, on be-
half of the persons interested in promoting or opposing the passing
cf this by-law, respectively.

11. The municipal clerk of the council of the said Town of Picton
shall attend at the town hall, Picton, at the hour of twelve o'clock,
noon, on Tuesday, the 2nd day of January, A.D. 1906, to sum up the
number of votes for and against this by-law.

Passed the 14th day of February, A.D. 1906.

(Sgd.) G. M. Farrington,
Mayor.
(Sgd.) R. A. Norman,

Clerk.

(Corp. Seal.)

CHAPTER

1906.

TOWN OF PORT ARTHUR.

Chap. 91

699

CHAPTER 91.

An Act respecting" the Town of Port Arthur.

HEREAS the Municipal Corporation of the Town of Preamble.

» ' Port Arthur has, by its petition, represented that
by section 19 of the Act passed in the third year of His Ma-
jesty's reign, Chaptered 76, the council of the said town was
empowered to pass a by-law to borrow a sum not exceeding
$200,000 for the construction of waterworks; and that the
said council did submit to the electors the questions as to
what system of waterworks should be adopted, as provided
by the said section, and thereafter passed a by-law to borrow
$85,000 for such purpose; that for the purpose of borrowing
$112,000 to pay for the cost of extensions to such water-
works system, as mentioned therein, the said council
did, on the 16th day of October, 1905, submit By-law No.
794 to the qualified electors of the said town (165 electors
voting for the said by-law and 46 against) and thereafter
on the 23rd day of October, 1905, finally passed the said by-
law; that By-law No. 795, intituled "A by-law to authorize
the issue of debentures for $10,000 for a fire hall and equip-
ment," was submitted to the qualified electors on the 16th
day of October, 1905 (165 electors voting for the said by-
law and 46 against) and was finally passed on the 23rd day
of October, 1905; that By-law No. 796, intituled "By-law
providing for the construction of a system of sewers and
to issue debentures therefor," and authorizing the issuing
of debentures for $111,000 for the purposes therein men-
tioned, was submitted to the qualified electors on the 16th
day of October, 1905, (167 electors voting for the said by-
law and 42 against) and was finally passed on the 23rd day
of October, 1905 ; that in order to rectify an error in the
amount to be levied for sinking fund under the said By-law
No. 796 the said council, on the 8th day of February,
1906, passed By-law No. 829, amending the said By-law
No. 796; that By-law No. 797, intituled "A by-law to
authorize the issue of debentures for $18,000 for telephone
building and extension of telephone system," was sub-
mitted to the qualified electors on the 16th day of October,

Assented to 14th May, 1906.

1905

Chap. 91.

TOWN OF PORT ARTHUR.

6 Edw. VII

1905 (174 electors voting for the said by-law and 34
against), and was finally passed on the 23rd day of Octo-
ber, 1905; that By-law No. 816, intituled "By-law to auth-
orize the issue of debentures for $17,000 for purpose of
extension, completion and effective equipment of the Port
Arthur Electric Eailway," was submitted to the qualified
electors on the 1st day of January, 1906 (465 electors voting
for the said by-law and 46 against), and was finally passed
on the 8th day of January, 1906; that By-law No. 817, in-
tituled "By-law to authorize the issue of debentures for
$14,000 for the extension and completion of the electric
light system," was submitted to the qualified electors on
the 1st day of January, 1906 (463 electors voting for the
said by-law and 42 against), and was finally passed on the
8th day of January, 1906; that By-law No. 818, intituled
'By-law to authorize the issue of debentures for $7,000 for
the purpose of completing and effectively operating the
power system of the Town of Port Arthur," was submitted
to the qualified electors on the 1st day of January, 1906
(464 electors voting for the said by-law and 45 against), and
was finally passed on the 8th day of January, 1906 ; and
whereas the said council did, on the 12th day of March,
1906, submit to the qualified electors of the said town By-
law No. 830, set out in full in Schedule "H" hereto, and in-
tituled "By-law to purchase the property known as the
Strathcona property for corporation purposes" (251 electors
voting for the said by-law and 68 against the same), for
the purpose of borrowing $45,000 by the issue of deben-
tures, payable in twenty years, to pay the purchase price of
lands particularly described therein, and of the water lots
in front thereof; and whereas it has been made to appear
that the said lands are situate in the Township of MacGre-
gor, in the Municipality of Shuniah (excepting 163
acres known as Mining Location 6, situate within the said
town), and lie adjacent to the eastern limits of the said
town, and extend along the shores of Thunder Bay, and
that the said corporation has, at present, no water front,
with the exception of a small part known as Bare
Point, and has applied to the Government of this Pro-
vince for the water lots in front of the said lands as a site
for municipal docks and wharves in connection with the
said lands, and that it is necessary to acquire the said lands
in order to secure access to such water lots, and for the trans-
portation of freight and storage purposes, and also for the
extension of the street railway system of the said town and
for other railway terminals and facilities ; that the said lands
adjoin the lands now held by the town for park purposes,
and it is proposed to increase the area of the park by the
addition -of a part of the said lands, when purchased; and
whereas the owner of the said lands would not consent to the
sale of less than the whole thereof to the said corporation;
and whereas it is believed that the price to be paid, namely,
$42,000, is less than the actual value thereof , and that the
said lands will rapidly increase in value when acquired and

brought

1906.

TOWN OF PORT ARTHUR.

Chap. 91

701

brought within the limits of the said town; and whereas it is
desirable that the said by-laws should be confirmed in order
that the debentures issued, or to be issued thereunder, may
be more readily and profitably disposed of, and that author-
ity should be given to purchase the lands described in said
By-law No. 830; and whereas the said corporation has also
represented that it should have similar powers with regard
to the extension of its electric light system and its telephone
system, as it now possesses with regard to the extension of
its street railway system; and whereas for the efficient ad-
ministration of the affairs of the said town it is expedient
that no member of the Electric Railway and Li°-ht Commis-
sion of the said town should be a member of the municipal
council other than the Mayor of Ihe said town; and whereas
the said corporation has, by its petition, prayed that an Act
may be passed for the purposes above mentioned; and
whereas it is expedient to grant the prayer of the said peti-
tion ;

Therefore His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of On-
tario, enacts as follows: —

1. By-law No. 796, as amended by By-law No. 829, and By-laws nos.
By-laws No. 794, 795, 797, 816, 817, 818 and 830 of the ^KV'I1
municipal corporation of the Town of Port Arthur, set out 83o'0?thenTowti
in Schedules "A," "B," "C," "D," "E," "E," "G" and of Ron Arthur
"H," respectively, to this Act, and all debentures issued
or to be issued thereunder are confirmed and declared legal,
valid and binding upon the said municipal corporation and
the ratepayers thereof, notwithstanding any want of juris-
diction on the part of the said .municipality to pass any or
all of the said by-laws and notwithstanding any defect in
substance or in form of any or all of the said by-laws, or in
the manner of passing the same.

2. No irregularity in the form of the said debentures, irregSrifyl
or of any of them, shall render the same invalid or illegal, in™wate° 'aa
or be allowed as a defence to any action brought against the

said corporation for the recovery of the amount of the
said debentures and interest, or any of them, or any part
thereof.

3. — (1) Subject to the provisions of subsections 2 and 3 of Authority i»/iLj
this section, it shall be lawful for the said corporation to toin^ands061"
acquire and purchase the following lands : Lots numbers

one, two, three and five, Herrick's survey, in the Township
of McGregor, in the Municipality of Shuniah, in the Dis-
trict of Thunder Bay (excepting thereout the portion deeded
to the Canadian Pacific Railway Company by deed dated
the lOih day of November, 1896), lot six Herrick's survey,
in the said Township of McGregor, and part in the Town of
Port Arthur, and that portion of lot number four Herrick's
survey, in the said Township of McGregor, together with
the water lots in front of the said lands.

(2)

702

Chap. 91

TOWN OF PORT ARTHUR.

6 Edw. VII

Lands to be (2) The said lands, when so acquired and purchased, shall
town as part be annexed to the said town, and form part of Ward 3

of Ward 3. thereof<

Purposes for (3) It shall be lawful for the said corporation to hold and
behne'idIands t0 use the said lands, or so much thereof as may be required
for the purpose of securing a water front, and for gaining
access thereto, and for establishing municipal docks and
wharves, and for the transportation and storage of freight,
and the extension of its street railway system, and its other
public utilities, and for other railway terminals and facili-
ties and also for increasing the area of its park lands, and in
order to obtain stone, gravel and sand for the construction
of municipal works and improvements, and generally for all
other municipal purposes. Provided that the said cor-
poration may (with the assent of the whole council of the
said town where the part proposed to be sold or leased does
not exceed five acres and with the assent of the ratepayers
qualified to vote on money by-laws where such part exceeds
five acres) sell or lease any part of the said lands as may
not be required for the purposes aforesaid to any person or
body corporate for such sum or sums as in the opinion of
the district judge, on application to him for that purpose,
is the full selling or renting value of the part proposed to
be sold or leased.

Apportionment 4. The property, assets, debts, liabilities and obligations
aabmuesUof of the Municipality of Shuniah, in respect to the said lands
shunfX11^01 mentioned in said By-law No. 830, shall be apportioned
between the said Municipality of Shuniah and the said
Town of Port Arthur as may be agreed upon; and in case
of no agreement, then by the award of three arbitrators,
or a majority of them, one of such arbitrators being
appointed by each of the said Municipalities of Shuniah
and the Town of Port Arthur, and the third being chosen
by the said two, and if from any cause whatever either of
the said municipalities shall not have appointed an arbi-
trator within two months after the other of them has
appointed an arbitrator, then the Lieutenant-Governor in
Council shall appoint an arbitrator on behalf of the muni-
cipality so making default, and the two so appointed shall
choose a third, and if they shall not agree upon such third
arbitrator, then the Lieutenant-Governor in Council shall
appoint such third arbitrator, and the award of such
arbitrators or of a majority of them, shall be as valid and
binding in all respects as if the said arbitrators had been
regularly appointed by the respective municipalities.
Provided that nothing in this Act shall in any way affect
the settlement heretofore made of the claims and liabilities
between the Town of Port Arthur and the Municipality of
Shuniah.

Extension of Notwithstanding anything to the contrary contained

and°teie hone *n ^e Consolidated Municipal Act, 1903, or any other Act,
aystemspl0nt the corporation of the said town, having first obtained the

assent

1906.

TOWN OF PORT ARTHUR.

Chap. 91

703

assent of the ratepayers in the manner provided in the said
Act with regard to by-laws creating debts, shall have power
to make extensions, from time to time, of their electric light
system and telephone system, and to acquire, purchase or
lease all such real and chattel property, fixtures, plant and
other things, and to erect all such buildings as may be ne-
cessary for such extensions, and to borrow such sums as may
be necessary to pay the cost thereof by the issue of deben-
tures, payable in thirty years; provided that it shall onLv
be necessary to levy and raise a sinking fund on the basis
of 1 per cent, per annum for the retirement of such deben-
tures at maturity.

6. Hereafter no member of the Electric Eailway and st^tRy£
Light Commission for the said town shall be eligible for nouo^wmem-
nomination or election or to sit or vote as a member of the ber of council,
municipal council of the said town; but nothing in this
section contained shall apply to or affect the mayor of the
said town from time to time.

SCHEDULE "A."

Town of Port Arthur By-Law No. 796.

By-law providing for the construction of a system of sewers and
to issue debentures therefor.

Whereas the Town of Port Arthur decided to construct a system
of waterworks and sewers in accordance with the plans and report
of Willis Chipman, C.E., now in the office of the clerk of the cor-
poration ;

And whereas the Town of Port Arthur has already voted and
expended the sum of $62,000.00 in such construction of said sewers ;

And whereas in order to further extend the said system of sewerage
and properly serve the inhabitants of the said town and to make
the said waterworks system more complete the said town has ex-
pended the sum of $21,000.00 over and above the amount already
voted, which amount has been paid out of the municipal funds,
and it is necesary to authorize the issue of debentures as herein
provided to reimburse the said funds for such sum ;

And whereas it is necessary to further extend the said system
of sewers in order to properly serve the inhabitants of the said
town and make the said sewer system more complete;

And whereas the local Board of Health of the Town of Port
Arthur has recommended to this council the advisability and neces-
sity in the public interest to construct such extension of sewers ;

And whereas it is advisable under the provisions of section 20
of the Acts of the Legislature of the Province, of Ontario passed in
the year 1903, intituled An Art respecting the. Town of Port Arthur,
and being Chapter 76 of 3 Edward VII., to charge as a special
rate against the property fronting or abutting on several streets
on which sewers are constructed the sum of one dollar per foot
of property so fronting on such streets and balance of the cost
of such sewers shall be raised and paid for by a special rate on
all the rateable property in the Town of Port Arthur ;

And whereas, according to the report and estimates of D. J.
Russell Duncan, C.E.. the estimated total cost of the said system
of sewers is $173,000.00, which said estimates are attached hereto
and form Suhedule a to this by-law;

And whereas, according to the said report, there are -59,000 feet
of property fronting on the (proposed) sewers which will be charged

704

Chap. 91

TOWN OF PORT ARTHUR.

6 Edw. VII

at the rate of $1.00 per foot as hereinbefore recited and will pro-
duce $59,000, and the balance of the cost of the proposed extension,
amounting to $52,000, will be borne and paid for by the municipality
at large ;

And whereas tue several streets along which the said sewers do
and will run, and the number of feet of property chargeable with
the said special rate on each side of such streets fronting on such
sewers is shewn in the schedule hereunto attached marked Schedule

And whereas the said charge of one dollar per foot shall be
payable on the completion of the work on each street, or by thirty
equal annual payments of seven cents for each foot of property
fronting on such streets as aforesaid, and such sums shall be
entered on the collector's roll against such property and shall be
payable with the general taxes each year ;

And whereas in order thereto it will be necessary to issue deben-
tures of the Town of Port Arthur to the said amount of $111,000,
and it is advisable to issue the said debentures in two lots or sets as
follows ; one set of debentures for $59,000, which shall be a special
charge against the property fronting on the said sewers as herein-
before mentioned, and as set out in the said Schedule b hereto,
and which said debentures are hereinafter designated as local
improvement debentures ; and a further set of debentures for
$52,000 for the portion of the cost of the said sewers to be borne
by this municipality at large as above recited, and which said
debentures are hereinafter designated as general debentures ;

And whereas it will require the sum of $2,950 to be raised an-
nually for a period of thirty years, the currency of the local im-
provement debentures to be issued under and by virtue of this
by-law, to pay the interest of the said debt for the said local im-
provement debentures, and the sum of $590 to be raised annually
during the said period for the payment of the debt to be created
by this by-law for the said local improvement debentures, such
last mentioned sum being pursuant to sections 15 and 20 of Chap.
76 of the Acts of the Ontario Legislature passed in the third year
of the reign of His Majesty King Edward VII, making in all the
sum of $3,540 to be raised annually as aforesaid for the said local
improvement debentures ;

And whereas there are 59,000 feet of the said assessable real
property on the streets fronting on the said sewers as hereinbefore
recited upon which it will be required to charge an annual special
rate per foot sufficient to pay the interest and create an annual
sinking fund for paying the said principal debt of $59,000 within
thirty years, which said debt is created on the security of the special
rate settled by this by-law, but which said debt, pursuant to section
8 of Chapter 69 of 5 Edward VII., is hereby guaranteed by the
corporation of Port Arthur ;

And whereas the amount required by The Municipal Act to be
raised annually by a special rate for paying the above mentioned
general debentures .of $52,000. and interest thereon, is $3,120,
whereof $2,600 is to raised annually for the payment of interest
during the currency of the said general debentures, and $520 is to
be so raised annually for the purpose of creating a sinking fund
pursuant to sections 15 and 20 of Chap. 76 of the Acts of the Ontario
Legislature passed in the third year of the reign of His Majesty
King Edward VII., for payment of the debt secured by the said
general debentures ;

And whereas the amount of the whole rateable property of the
Town of Port Arthur, according to the last revised assessment
roll, is $5,405,241. of which $1,677,880 is wholly exempt, and
$395,250 is exempt except for school purposes ;

And whereas the amount of the existing debenture debt of the
Town of Port Arthur is $793,843.87, exclusive of local improvement
debts secured by special acts, rates or assessments, and there is
no part of the principal or interest in arrear ;

Therefore

1906.

TOWN OF PORT AB.THUE.

Chap. 91

Therefore the council of the corporation of the Town of Port
Arthur enacts as follows: —

1. A system of sewers shall be constructed in accordance with
the said plans and report of the said D. J. Russell Duncan, and
each foot of property fronting on such sewers shall pay a special
charge of $1.00 per foot, payable in the manner hereinbefore recited,
and the balance of the cost of such sewers, amounting to $52,000,
shall be paid and borne by this municipality at large.

2. During thirty years, the currency of the local improvement
debentures to be issued under the authority of this by-law, the
sum of $2,950 shall be raised annually for the payment of interest
of 1 he said local improvement debentures and also the sum of $590
shall be raised annually for the payment of the debt, making in
all the sum of $3,540 to be raised annually as aforesaid, pursuant
to sections 15 and 20 of Chap. 76 of the Acts of the Ontario Legis-
lature passed in the third year of the reign of His Majesty King
Edward VII.

3. A special rate per foot is hereby imposed on the real property
fronting on the said sewers as shown in the said Schedule b hereto,
according to the frontage thereof, over and above all other rates
and taxes, which special rate shall be sufficient to produce in each
year the sum of $3,540. and shall be annually inserted in the
collector's roll for the next succeeding thirty years, and shall be
payable to and collected by the tax collector for the time being
in the same way as the other rates on the said roll.

4. The sum of $59,000 shall be raised by loan of this corporation
on the security of the special rate hereby imposed, and upon the
security of the credit and the assets of the municipality at large,
and debentures amounting^ to the sum of $59,000 shall be issued
by the said corporation therefor, and herein designated as local
improvement debentures, but same are guaranteed by the corpora-
tion of the Town of Port Arthur.

5. The said local improvement debentures shall be made payable
at the expiration of thirty years from the date of the issue of the
same, and bear interest at a rate not exceeding five per cent, per
annum.

6. The said local improvement debentures may, both as to prin-
cipal and interest, be payable in any place in Great Britain, in
the United States of America, or Canada, and may be expressed
in sterling money or in any other currency, and may be made
payable in gold, and the amount to be raised thereon shall be paid
out and expended in paying off and discharging any temporary
loans obtained on account of the said improvements and works
and in no other way and for no other purpose whatsoever.

7. If at any time any of the owners of the said real property
hereinbefore described, or any part thereof, desire to commute the
assessment imposed bv this by-law by the payment of his, her or
their proportionate share or shares of the cost thereof, as a prin-
cipal sum in lieu thereof, he, she or they may so commute by the
payment of one dollar per foot of his. her or their property on any
of the streets shown in the said Schedule b hereto, at apy time,
until the completion of the said sewers on the street or streets on
which is situated the property for which he, she or they mav wish
to commute, or in any subsequent year by the payment of such
sum as may be necessary to realize at the end of the currency of
such debentures a sum equivalent to the balance then unpaid of
the said annual special rate thereon.

8. All monies arising out of the said annual special rate and all
monies received in commutation thereof, under the preceding sec-
tion of this by-law, shall be invested by the treasurer of this muni-
cipality from time to time as the law directs.

9. Every local improvement debenture to be issued hereunder
shall contain a provision in the following words: "This debenture,
or any interest therein, shall not. after a certificate of ownership
hns been indorsed thereon bv the treasurer of the municipality, be

45 s. transferable

Chap. 91.

TOWN OF PORT ARTHUR.

6 Edw. VII

transferable except by entry by the treasurer, or his deputy, in the
Debenture Registration book of the said corporation at the Town
of Port Arthur.

10. The amount of local improvement debentures authorized to
be issued under this by-law is subject to consolidation by including
the same in a collective or cumulative by-law to be hereafter passed
by this council, consolidating the same with other amounts auth-
orized, or to be authorized, by other local improvement by-laws,
and under which consolidating by-law the required debentures to
provide for the amounts to be raised under this and said other
individual by-laws shall be issued in a consecutive issue, as shall
in said consolidated by-law be more particularly enacted in that
behalf.

11. For the purpose of raising the said sum of $52,000 to cover
the proportion of the cost of the said sewers to be borne and paid
for by the municipality at large, debentures of the said Town of
Port Arthur to the said amount of $52,000, as aforesaid, shall be
issued in sums of not less than $100 each, each of which said deben-
tures shall be dated on the day of the coming into force of this
by-law, and shall be payable in thirty years from such date at the
Ontario Bank at Toronto.

12. Each of the said general debentures shall be signed by the
mayor of the Town of Port Arthur, or by some other person
authorized by by-law to sign the same, and also by the treasurer
thereof, and the clerk of the said Town of Port Arthur shall attach
thereto the corporate seal of the municipality.

13. The said general debentures shall bear interest at the rate
of five per cent, per annum, payable half yearly at the said Ontario
Bank at Toronto, on the first day of November and the first day of
May in each and every year during the currency thereof, and shall
have attached to them coupons for the payment of the said interest.

14. During the currency of the said general debentures there
shall be raised annually by a special rate on all the rateable pro-
perty in the Town of Port Arthur the said sum of $2,600 for
payment of interest on the said general debentures and the said
sum of $520 for the purpose of creating a sinking fund for pay-
ment of the debt hereby secured, pursuant to section 15 and 20
of Chap. 76 of the Acts of the Ontario Legislature passed in the
third year of the reign of His Majesty King Edward VII., making
in all the sum of $3,120 to be raised annually by special rate as
aforesaid during each of the said thirty years.

15. This by-law shall take effect on the first day of November,
1905.

16. The votes of the electors of the said Town of Port Arthur
shall be taken on this by-law at the following times and places,
that is to say, on Monday, the sixteenth day of October next, com-
mencing at the hour of nine o'clock in the forenoon and continuing
till five o'clock in the afternoon of the same day, by the following
deputy returning officers: —

Polling subdivision No. 1. — Embracing all that part of the Town
of Port Arthur known as the First Ward, at the Police Station, on
Park street, by Mr. Neil McDougall as Deputy Returning Officer.

Polling subdivision No. 2. — Embracing all that part of the Town
of Port Arthur known as the Second Ward, at Strachan's Paint
Shop, Lot 9, East Cumberland street, by Mr. Albert Bonin as
Deputy Returning Officer.

Polling subdivision No. 3. — Embracing all that part of the Town
of Port Arthur known as the Third Ward, at building known as
Continental Hotel, Lot 1, north side of Victoria street, by Mr.
Wm. Powley as Deputy Returning Officer.

17. On Thursday, the twelfth day of October, 1905. the mayor
of the said town shall attend at the council chamber, on Cumberland
street, in Port Arthur, at eleven o'clock in the forenoon to appoint
persons to attend at the various polling places aforesaid and at

45a s. the

1906.

TOWN OF PORT ARTHUR.

Chap. 91

707,

the final summing up of the votes by the clerk on behalf of the
persons interested in and desirous of promoting or opposing the
passing of this by-law respectively.

18. The clerk of the said Town of Port Arthur shall attend at the
said council chamber at twelve o'clock in the forenoon of Tuesday,
the 17th day of October, 1905, to sum up the number of votes
given for or against this by-law.

Dated at the council chamber, in the Town of Port Arthur, this
23rd day of October, 1905.

G. ClAVET,

(Seal.) Mayor.

J. McTeigue,

Clerk.

Schedule a.

Estiivated cost of sewer system as per report of Willis

Chipman, C.E $ 62,000

Expenditure incurred without vote to carry out above

in part 21,000

Estimated expenditure to complete above, including ex-
tensions 84,000

Estimated cost of storm sewers 6,000

Private frontage, 59,000 feet $173,000

Street fr-ontage, 12,000 feet.

D. J. Russell Duncan,

Corporation Engineer.

Schedule b.
Sanitary Street Sewers.

Street. Length, feet.

Albert — Bay to John 1,500

Algoma — Wilson to Pearl 430

Algoma — VanNorman to Dawson 1,370

Ambrose — Algoma to Banning v 1,030

Arthur — Water to Cumberland 420

Banning — Pearl to Duffejin 550

Banning — Bay to Dufferin 850

Banning — one block south of Bay 200

Bay — Cumberland to Machar 1,130

Bay — Machar to Banning 1,370

Bay — Banning to Crown 300

Centre — Bav to Manitou 680

Cornwall— C. P. Ry. to Crown 2,500

Court — Bay to Wilson 950

Court, — Elgin to St. James 900

Court. — Elgin to McVicar Creek 450

Court — Victoria to River 350

Court— Wilson to Pearl 430

Crown — Bay to Cornwall 700

Cumberland — Wilson to Bay 700

Cumberland — Bay to Outlet 500

Dawson — St. Patrick Square to High 900

DtifFerin — Secord to Banning 680

Elgin — Cumberland to Court 730

Foley — Secord to Banning 680

Hebort — Arthur to College 550

John— Crown to Outlet 2,750

Lake — Manitou to Bav 630

Machar — Bay to Wilson . 950

Ma niton

Chap. 91.

TOWN OF PORT ARTHUR.

6 Edw. VII

Manitou — Water to Cumberland 550

Manitou — Cumberland to Lake 200

Machar — Bay to Wilson % 950

Manitou — Lake to Court 540

Ontario — Bay beyond Cornwall 850

Pearl — Cumberland to Outlet 700

Pearl — Algoma to Banning 1,050

Peter — VanNorman to Tupper 730

Secord — Pearl to Bay 1 ,400

St. James — Cumberland to Court 750

Tupper — Algoma to Jean 540

VanNorman — Court East 250

Victoria — VanNorman to Hebert 570

Wiley — Secord to Banning 680

Wilson — Machar to Algoma 340

Wolseley — Cumberland to Court 820

Schedule c.
Storm Sewers.

Street. ■ Length, feet.

Bay — Cumberland to Machar 1,130

Cumberland — Bay to Outlet 450

Pearl — Cumberland to Outlet 600

Wilson — Machar to Algoma 340

D. J. RtTSSELL Dtjncan,
Bt-Law No. 829.

A by-law to amend By-law No. 796 of the Town of Port Arthur.

Whereas By-law No. 796, intituled "A by-law providing for the
construction of a system of sewers and to issue debentures therefor,"
has certain figures in same which were erroneously inserted and cer-
tain words which require to he struck out :

And whereas it is deemed necessary and advisable to amend the
said By-law. No. 796, by changing the said figures erroneously
stated therein to the correct figures and by striking out the un-
necessary words, namely, by changing the figures $590 to $1,051.97
wherever they oppear in the said by-law and changing the figures
$3,540 to $4,001.97 wherever they appear in the said by-law, and
by striking out. on page 3. lines 20 to 23, and on page 5, lines
11 to 13, the following words, namely, on page 3, "such last men-
tioned sum being pursuant to sections 15 and 20, of Chap. 76, of
the Acts of the Ontario Legislature passed in the third year of the
reign of His Majesty King Edward VII.," and on page 5 the fol-
lowing words, "pursuant to sections 15 and 20, of Chapter 76 of
the Act of the Ontario Legislature passed in the third year of the
reign of His Majesty King Edward VII."

Therefore the council of the corporation of the Town of Port
Arthur enacts as follows: —

1. That By-law No. 796 be amended by changing the figures $590
wherever they appear in the said by-law to the figures $1,051.97,
and by changing the figures $3,540 wherever they appear in the
said by-law to the figures $4,001.97.

2. That the words on page 3, lines 20 to 23, of the said by-law,
namely: "Such last mentioned sum being pursuant to sections
15 and 20 of Chap. 76 of the Acts of the Ontario Legislature passed
in the third year of the reign of His Majesty King Edward VII.,"
be struck out and eliminated from the said By-law No. 796, and
that the words on page 5, lines 11 to 13. namely: "Pursuant to

sections

1906. town of poet Arthur. Chap. 91

sections 15 and 20, of Chap. 76 of the Act of the Ontario Legis-
lature passed in the third year of the reign of His Majesty King
Edward VII.." be also struck out and eliminated from the said
By-law No. 796.

Council chamber, Port Arthur, 8th day of February, 1906.

G. Clavet,

(Seal.) Mayor.

J. McTeigue,

Clerk.

SCHEDULE "B."

Town or Port Arthur By-law No. 794.

By-law to take the vote of the ratepayers on the extension of the
waterworks system adopted by the Town of Port Arthur and
to provide for the payment thereof and to issue debentures
therefor.

Whereas it has been decided to construct a system of waterworks
in the Town of Port Arthur, and the by-law authorizing the same
has duly received the assent and approval of the ratepayers entitled
to vote thereon;

And whereas under the provisions of section 19 of the Acts of
the Legislature of the Province of 'Ontario, passed in 1903, entitled
An Act respecting the Town of Port Arthur, being Chapter 76 of
1903 Edward VII., it was provided that before proceeding with
the construction of the waterworks of the said town the said council
shall submit to the electors certain questions as therein specified ;

And whereas such questions were submitted to ,the said electorate
and voted upon, and the said council of the corporation of the said
town was empowered to expend the sum of $200,000 in the con-
struction of the waterworks ;

And whereas it has been necessary and advisable in the interests
of the said municipality to extend the said waterworks system, to
properly supply the inhabitants of the said town and insure fire
protection, and to make the said waterworks system more profit-
able and for such purpose the sum of $50,000 has been expended
in such extension without the vote of the people for such ex-
tension ;

And whereas such expenditure has been paid out of the municipal
funds of the municipality and it is necessary and advisable to
authorize the council of the said Town of Port Arthur to issue
debentures of the said Town of Port Arthur for. the said sum of
$50,000 as hereinafter provided ;

And whereas it is necessary and advisable in the interests of
the said municipality to further 'extend the said waterworks system
to properly supply the inhabitants of the said town and ensure
proper fire protection and to make the said waterworks system
more profitable ;

And whereas it is desirable that the sum of $62,000.00 should
be expended by the Town of Port Arthur in the further extension
of the said waterworks system already voted upon and that the
said sum should be raised on the credit of the town ;

And whereas in order thereto it will be necessary to issue de-
bentures of the Town of Port Arthur for the sum of $112,000
hereinafter provided, which is the amount of the debt intended to
be created by this by-law, to provide for both the expenditure
already made and to be made as above set out, the proceeds of
the said debentures to be applied to the payment of the extensions
of the said waterworks already made and to be made ;

And whereas the total amount required by The Municipal Act
to be raised annually by special rate for paying the said debt and

interest

710

Chap. 91.

TOWN OF PORT ARTHUR.

6 Edw. VII

interest is the sum of $6,720.00, whereof $5,b00 is to be so raised
annually for payment of interest during the currency of said de-
bentures and $1,120 is to be raised annually on account of the
payment of the sinking fund for the payment of the debt secured
by said debentures pursuant to sections 15 and 19 of Chap. 76 of
the Acts of the Ontario Legislature passed in the third year of the
reign of His Majesty King Edward VII. ;

And whereas the amount of the whole rateable property of the
Town of Port Arthur, according to the last revised assessment roll
thereof, is $5,405,241, of which $1,677,800.00 is wholly exempt
from taxation and $395,250.00 is exempt except for school purposes ;

And whereas the amount of the existing debenture debt of the
said municipality is $793,843.87, exclusive of local improvement
debts secured by special Acts, rates or assessments, and there is
no part of the principal or interest in arrear ;

Therefore the council of the corporation of the Town of Port
Arthur enacts as follows: —

1. The sum of $112,000 shall be expended by the Town of Port
Arthur in paying for the extension of the waterworks system al-
ready incurred and for the extension of same as hereinafter pro-
vided and for the purpose of raising the said sum debentures of
the said Town of Port Arthur to the amount of $112,000, as afore-
said, shall be issued in sums of not less than $100.00 each on the
first day of November, 1905, each of which debentures shall be
dated on the said first day of November, 1905, and payable on the
first day of November, 1935, at the Ontario Bank, Toronto.

2. Each of the said debentures shall be signed by the mayor
and treasurer of the said town, and the clerk of the said town
shall attach thereto the corporate seal of the said municipality.
The said debentures shall bear interest at the rate of five per cent,
per annum, and* be payable half-yearly at the said bank on the
first days of May and November in each and every year during
the currency thereof and shall have attached to them coupons for
payment of the said interest, which coupons shall be signed by the-
said mayor and treasurer.

3. During the currency ot the said debentures there shall be
raised annually by special rate on all the rateable property in the
said Town of Port Arthur the said sum of $5,600 for payment of
interest on the said debentures, arid the said sum of $1,120 for
the purpose of creating a sinking fund for payment of the debt
hereby secured, pursuant to sections 15 and 19, of Chap. 76 of
the Acts of the Ontario Legislature passed in the third year of the
reign of His Majesty King Edward VII.. making in all the sum
of $6,720 to be raised annually by special rates as aforesaid, during
each of the said 30 years.

4. The debentures issued under this by-law shall be a first pre-
ferential charge or lien on the said waterworks property and plant,
and shall also be a first charge or lien on the net income derived
from operating the same.

5. This by-law shall take effect on the first dav of November,
1905.

6. The votes of the electors of the said Town of Port Arthur shall
be taken on this by-law at the following times and places, that
is to say, on Monday, the sixteenth day of October next, com-
mencing at the hour of nine o'clock in the forenoon and continuing
till five o'clock in the afternoon of the same day, by the follow-
ing deputy returning officers: —

Polling subdivision No. 1. — Embracing all that part of the Town
of Port Arthur known as the First Ward, at the Police Station,
on Park street, by Mr. Neil McDougall as Deputy Returning
Officer.

Polling subdivision No. 2. — Embracing all that part of the Town
ef Port Arthur known as the Second Ward, at Strachan's Paint

Shop,.

1906.

TOWN OF PORT ARTHUR.

Chap. 91

Shop, Lot 9, East Cumberland street, by Mr Albert Bonin as Deputy
Returning Officer.

7. On Thursday, the twelfth day of October, 1905, the mayor
of the said town shall attend at the council chamber of the said
town at eleven o'clock in the forenoon to appoint persons to attend
at the various polling places aforesaid and at the final summing
up of the votes by the clerk on behalf of the persons interested
in and desirous of promoting or opposing the passing of this by-
law respectively.

8. The clerk of the said Town of Port Arthur shall attend at the
said council chamber at twelve o'clock in the forenoon of Tuesday,
the 17th day of October, 1905, to sum up the number of votes
given for and against this by-law.

Dated at the council chamber in the Town of Port Arthur, this
23rd day of October, 1905.

G. Clavet,

(Seal.) Mayor.

J. McTeigue,

Clerk.

Schedule A.
Waterworks.

Estimated sum spent on waterworks without vote $ 30,000

Add Canada Foundry Co 9,600

Add miscellaneous contract balances 10,000

Further extensions will require 62,000

$111,600

Original amount of vote 85,000

$196,600

Sewers.

Estimated sum spent without vote $ 21,000

Further extensions will require : —

Sanitary sewers 84,000'

Storm 6,000

Original amount of vote 62,000

$173,000

Total water and sewers original scheme and extensions $369,600

Schedule B.

Waterworks.
Street. Length, feet.

Albert — Bay to John 1,500

Algoma — Wilson to Pearl 430

Ambrose — Algoma to Banning 1,030

Arthur — Water to. Cumberland 420

Banning — Pearl to Dufferin 550

Banning — Bay to Dufferin 850

Banning — one block south to Bay 200

Bay — Cumberland to Machar 1,130

Bay — Machar to Banning t.... 1,370

Bay — Banning to Crown 300

Bay

Chap. 91. TOWN OF PORT ARTHUR. 6 EDW. VII

Centre — Bay to Manitou 680

Cornwall — C. P. Ry. to Crown 2,500

Court — Bay to Wilson 950

Court — Elgin to St. James 900

Court — Elgin to McVicar Creek 450

Court — Victoria to River 350

Court — Wilson to Pearl 430

Crown — Bay to Cornwall 700

. Dawson — St. Patrick Square to High 900

Dufferin — Secord to Banning 680

Elgin — Cumberland to Court 730

Foley — Secord to Banning 680

Hebert — Arthur to College 550

Jean — VanNorman to Dawson 1,350

Lake — Manitou to Bay 630

Lome — Water to Cumberland 400

Machar — Bay to Wilson 950

Manitou — Water to Cumberland 550

Ontario — Bay beyond Cornwall 850

Pearl — Algoma to Banning 1,050

Peter- -VanNorman to Tupper 730

■ Secord — Pearl to Bay 1,400

St. James — Cumberland to Court 750

Tupper — Algoma to Jean 540

Victoria — VanNorman to Hebert 570

Wiley — Secord to Banning : 680

Wilson — Machar to Algoma 340

Wolseley — Cumberland to Court 820

D. J. Russell Duncan.

SCHEDULE "C."

Town of Port Arthur* By-Law No. 795.

A By-law to authorize the issue of Debentures for $10,000 for a
Fire Hall and Equipment.

Whereas it is advisable that the Town of Port Arthur should
provide a fire hall building for housing its fire equipment and
appliances and also to extend its fire equipment and appliances
so as to give better fire protection to its ratepayers ;

Whereas in order thereto it will be necessary to issue debentures
of the Town of Port Arthur for the sum of $10,000, as hereinafter
provided, (which is the amount of the debt intended tc be created
by this by-law) the proceeds of the said debentures to be applied
to the said purpose and to no other ;

And whereas the total amount required by The Municipal Act
to be raised annually by special rate for paying the said debt and
interest is the sum of $835.82, whereof $500.00 is to be so raised an-
nually for payment of interest during the currency of the said
debentures, and $335.82 is to be so raised annually for the pur-
pose of creating a sinking fund for payment of the debt secured
by the said debentures;

And whereas the amount of the whole rateable property of the
Town of Port Arthur, according to the last revised assessment roll
thereof, is $5,405,241.00, of which $1,677,880.00 is wholly exempt
from taxation and $395,250.00 is exempt except for school purposes.

Therefore the Municipal Council of the Corporation of the Town
of Port Arthur enacts as follows: —

1906.

TOWN OF POUT AB.THUE.

Chap. 91

1. The sum of $10,000.00 shall be expended by the Town of Poit
Arthur for the construction of a fire hall and the extension of its
fire equipment and appliances and for the purpose of raising the
said sum debentures of the said Town of Port Arthur, to the
amount of $10,000 as aforesaid shall be issued in sums of not less
than $100 each on the first day of November, 1905, each of which
debentures shall be dated on the said first day of November, 1905,
and shall be payable on the first day of November, 1925, at the
Ontario Bank, at the City of Toronto.

2. Each of the said debentures shall be signed by the Mayor ^of
the said Town of Port Arthur, or by some other person authorized
by by-law to sign the same, and also by the treasurer thereof, and
the clerk of the said Town of Port Arthur shall attach thereto the
Corporate Seal of the municipality.

3. The said debentures shall bear interest at the rate of five
per centum per annum payable half yearly at the said bank on the
first days of the months of May and November in each and every
year during the currency thereof and shall have attached to them
coupons for payment of the said interest, which coupons shall be
signed by the said mayor and treasurer.

4. During the currency of said debentures there shall be raised
annually by special rate on all the rateable property in the said
Town of Port Arthur the said sum of $500.00 for payment of inter-
est on the said debentures and the said sum of $335.82 for the pur-
pose of creating a sinking fund for payment of the debt hereby
secured, making in all the sum of $835.82 to be raised annually
by special rate as aforesaid during each of the said years.

5. This by-law shall take effect on the first day of November,
1905.

6. The votes of the electors of the said Town of Port Arthur
shall be taken on this by-law at the following times and places,
that is to say, on Monday, the sixteenth day of October next, com-
mencing at the hour of nine o'clock in the forenoon and continu-
ing till five o'clock in the afternoon of the same day, by the fol-
lowing deputy returning officers: — ,

Polling subdivision No. 1. — Embracing all that part of the Town
of Port Arthur known as the First Ward, at the Police Station,
on Park Street, by Mr. Neil McDougall as Deputy Returning
Officer.

Polling subdivision No. 2. — Embracing all that part of the Town
of Port Arthur known as the Second Ward, at Strachan's Paint
Shop, Lot 9, East Cumberland Street, by Mr. Albert Bonin as
Deputy Returning Officer.

Polling subdivision No. 3. — Embracing all that part of the Town
of Port Arthur known as the Third Ward at building known as
Continental Hotel, Lot 1, north side of Victoria Street, by Mr.
Wm. Powley as Deputy Returning Officer.

7. On Thursday, the twelfth day of October, 1905, the mayor of
the said town shall attend at the council chamber of the said town
at eleven o'clock in the forenoon to appoint persons to attend at
the various polling places aforesaid and at the final summing up
of the votes by the clerk on behalf of the persons interested in and
desirous of promoting or opposing the passing of this by-law re-
spectively.

8. The clerk of the said Town of Port Arthur shall attend at
the said council chamber at twelve o'clock in the forenoon of Tues-
day, the 17th day of October, 1905, to sum up the number of votes
given for and against this by-law.

Dated at the Council Chamber in the Town of Port Arthur, this
23rd day of October, 1905.

G. Clavet,

Mayor.

(Seal) J. MoTeiqub,

Clerk.

SCHEDULE

Chap. 91.

TOWN OP PORT AETHCE

6 Emv. VII

SCHEDULE "D."

Town op Port Arthur, By-Law No. 797.

A By-law to authorize the issue of Debentures for $18,000 for
Telephone Building and Extension of the Telephone System.

Whereas it is advisable that the Town of Port Arthur should
provide a Telephone Building for the operation of its Telephone
System and also to extend its Telephone System, so as to better
serve its ratepayers and to increase the revenue thereof.

Whereas in order thereto it will be necessary to issue debentures
of the Town of Port Arthur for the sum of $18,000, as hereinafter
provided (which is the amount of the debt intended to be created
by this by-law) the proceeds of the said debentures to be applied
to the said purpose and to no other.

And whereas the total amount required by The Municipal Act
to be raised annually by special rate for paying the said debt and
interest is the sum of $1,220.94 whereof $900.00 is to be so raised
annually for payment of interest during the currency of the said
debentures, and $320.94 is to be so raised annually for the pur-
pose of creating a sinking fund for payment of the debt secured
by the said debentures.

And whereas the amount of the whole rateable property of the
Town of Port Arthur, according to the last revised assessment
roll thereof, is $5,405,241.00, of which $1,677,880.00 is wholly ex-
empt from taxation and $395,250.00 is exempt except for school
taxes.

And whereas the amount of the existing debenture debt of the
said municipality is $793,843.87, exclusive of local improvement
debts secured by Special Acts, rates or assessments, and there is
no part of the principal or interest in arrear.

Therefore the Municipal Council of the Corporation of the Town
of Port Arthur enacts as follows : —

1. The sum of $18,000 shall be expended by the Town of Port
Arthur for the construction of a Telephone Building and the ex-
tension of the Telephone System and for the purpose of raising
the said sum debentures of the said Town of Port Arthur to the
amount of $18,000 as aforesaid shall be issued in sums of not less
than $100 each on the first day of November, 1905, each of which
debentures shall be dated on the said first day of November, 1905,
and shall be payable on the first day of November, 1935, at the
Ontario Bank at the City of Toronto.

2. Each of the said debentures shall be signed by the Mayor of
the said Town of Port Arthur, or by some other person authorized
by by-law to sign the same, and also by the treasurer thereof, and
the clerk of the said Town of Port Arthur shall attach thereto the
Corporate Seal of the municipality.

3. The said debentures shall bear interest at the rate of five per
centum per annum payable half yearly at the said bank on the
first days of May and November in each and every year during
the currency thereof, and shall have attached to them coupons
for payment of the said interest," which coupons shall be signed
by the said mayor and treasurer.

4. During the currency of said debentures there shall be raised
annually by special rate on all the rateable property in the said
Town of Port Arthur the said sum of $900.00 for payment of inter-
est on the said debentures and the said sum of $320.94 for the pur-
pose of creating a sinking fund for payment of the debt hereby
secured, making in all the sum of $1,220.94 to be raised annually,
by special rate as aforesaid during each of the said years.

5. The debentures issued under this by-law shall be a first prefer-
ential charge or lien on the said telephone property and plant and
shall also be a first charge or lien on the net income, derived from
operating the same.

This

1906.

TOWN OF POUT ARTHUR.

Chap. 91

This by-law shall take effect on the first day of November, 190j.

6. The votes of the electors of the said Town of Port Arthur
shall be taken on this by-law at the following times and places,
that is to say, on Monday, the sixteenth day of October next, com-
mencing at the hour of nine o'clock in the forenoon and continu-
ing till five o'clock in the afternoon of the same day, by the follow-
ing deputy returning officers : —

Polling subdivision No. 1. — Embracing all that part of the Town
of Port Arthur known as the First Ward, at the Police Station, on
Park Street, by Mr. Neil McDougall as Deputy Returning Officer.

Polling subdivision No. 2. — Embracing all that part of the Town
cf Port Arthur known as the Second Ward, at Strachan's Paint
Shop, Lot 9, East Cumberland Street, by Mr. Albert Bonin, as
Deputy Returning Officer.

Polling subdivision No. 3. — Embracing all that part of the Town
of Port Arthur known as the Third Ward, at building known as
Continental Hotel, Lot 1, north side of Victoria Street, by Mr.
Wm. Powley as Deputy Returning Officer.

7. On Thursday, the twelfth day of October, 1905, the Mayor
of the said town shall attend at the Council Chamber of the said
town at eleven o'clock in the forenoon to appoint persons to attend
at the various polling places aforesaid and at the final summing
up of the votes by the clerk on behalf of the persons interested
in and desirous of promoting or opposing the passing of this by-
law respectively.

8. The Clerk of the said Town of Port Arthur shall attend at
the said Council Chamber at twelve o'clock in the forenoon of
Tuesday, the 17th day of October, 1905, to sum up the number
of votes given for and against this by-law.

Dated at the Council Chamber in the Town of Port Arthur this
23rd day of October, 1905.

G. Clavet,

Mayor.

(Seal ) J. MoTeigue,

Clerk.

SCHEDULE "E."

Town of Port Arthur, By-Law No. 816.

By-law to authorize the issue of Debentures for $17,000 for the
purpose of Extension, Completion and effective Equipment of
the Port Arthur Electric Railway.

Whereas the Electric Railway and Light Commissioners of the
Town of Port Arthur have found it necessary and expedient to
expend the sum of $17,000 for the purpose of completing and effec-
tively operating the Electric Railway System of the Town of Port
Arthur.

And whereas the assent of more than two-thirds of the members
of this council has been given to such expenditure;

And whereas under the provisions of section 12 of chapter 76 of
3 Edward VII., Ontario, being 1 n Act respecting the Town of
Port Arthur, power is given to purchase from time to time and
sell, instal, equip, construct and erect such poles, wires, circuits,
transformers, installations, meters, street lamps, tools, appliances,
telephones, railway switches and other things which may be neces-
sary or expedient for the completion and effective operation of
their street railway, electric lighting, power and telephone sys-
tems, and to issue debentures for the cost of any such matters, or
things, payable in not more than 15 equal annual installments, as
is more particularly set out in the said section ;

And whereas it is expedient to borrow the said sum of $17,000.00
and to issue debentures therefor.

And

716

Chap. 91.

TOWN OF PORT ARTHUR.

6 Edw. VII

And whereas in order thereto it will be necessary to issue deben-
tures of this municipality for the said sum of $17,000.00 as here-
inafter provided (which is the amount of the debt intended to be
created by this by-law), the proceeds of the said debentures to be
applied to the said purpose and no other.

And whereas it is desirable to issue the said debentures at one
time and to make the principal of the said debt repayable by
yearly sums during the period of fifteen years, being the currency
of the said debentures, said yearly sums being of such respective
amounts that the aggregate amount payable in each year for prin-
cipal and interest in respect of the said debt shall be as nearly as
possible equal to the amount so payable in each of the other four-
teen years of the said period as shown in Schedule "A" hereto
attached ;

And whereas the total amount required by The Municipal Act
to be raised annually by special rate for paying the said debt and
interest as hereinafter provided is $1,637.80, the amounts payable
for principal and interest respectively on account of each install-
ment of the said debt being shown in the said Schedule "A"
hereto.

And whereas the amount of the whole rateable property of the
said Town of Port Arthur, according to the last revised assessment
roll, is $5,405,241.00, of which $1,677,800.00 is wholly exempt from
taxation and $395,250.00 is exempt except for school taxes ;

And whereas the amount of the existing debenture debt of the
Town of Port Arthur is $985,843.00 exclusive of local improve-
ment' debts secured by special Acts, rates or assessments, and there
is no part of the principal or interest in arrear.

Therefore the Council of the Corporation of the Town of Port
Arthur enacts as follows : —

1. The expenditure of the said sum of $17,000.00 for ,the pur-
poses of aforesaid is hereby authorized, ratified and confirmed.

2. For the purpose of raising the said sum of $17,000.00 for the
purposes aforesaid, debentures of the Town of Port Arthur fco the
said amount of $17,000.00 shall be issued on the first day of Feb-
ruary, 1906, in sums of not less than $100 each.

3. The said debt and the debentures issued therefore shall bear
interest at the rate of five per centum per annum. The said de-
bentures shall be dated on the day of the issue thereof, and shall
be payable in equal amounts in each of the said fifteen years next
succeeding the said date, such amounts being made up of the
aggregate amount due each year on account of principal and inter-
est as shown in the said Schedule "A" hereto.

4. Each of the said debentures shall be signed by the mayor of
the said town, or by some other person authorized by by-law to
sign the same, and by the Treasurer of the said town, and the clerk
shall attach thereto the corporate seal of the said municipality.

5. The said debentures shall be payable on the first day of
February in each year during the said fifteen years, at the On-
tario Bank, at the City of Toronto.

6. During the fifteen years from 1906 to 1920 inclusive, being the
fifteen years next succeeding the date of the issue of the said de-
bentures, there shall be annually raised by special rate, on all the
rateable property in the said Town of Port Arthur, the sum of
$1,637.80 for the purpose of paying the debentures falling due in
each of the said years respectively.

7. This by-law shall come into force on the day of the final pass-
ing thereof.

8. The debentures hereby authorized to be issued shall be a first
and preferential charge on the said electric railway plant and the
revenue to be derived therefrom.

9. The votes of such of the electors of the Town of Port Arthur
as are entitled to vote thereon shall be taken on this by-law on

Monday

1906.

TOWN OP PORT ARTHUR.

Chap. 91

717

Monday, the first day of January, 1906, commencing at nine
o'clock in the morning and continuing until five o'clock in the
afternoon at the following places and by the following deputy re-
turning officers hereinafter mentioned, that is to say :

Polling Subdivision No. 1. — Embracing all that part of the Town
of Port Arthur known as the First Ward at the old Council Cham-
ber, on Park Street, by Mr. Neil McDougall, rs deputy returning
officer.

Polling Subdivision No. 2. — Embracing all that part of the Town
of Port Arthur known as Second Ward at W. Strachan's Paint
Shop, lot 9, East Cumberland street, by Mr. Albert Bonin, as
deputy returning officer.

Polling Subdivision No. 3. — Embracing all that part of the Town
of Port Arthur known as the Third Ward, at A. L. Russell's office,
Cameron street, by Mr. William Powley, as deputy returning
officer.

10. On Tuesday, the twenty-eighth day of December, 1905, at his
office in the council chamber, in the Town of Port Arthur, at
eleven o'clock in the forenoon, the Mayor shall in writing signed
by him appoint two persons to attend at the final summing up of
the votes by the Clerk of this corporation, and one person to attend
at each polling place on behalf of the persons interested in and
desirous of promoting the passing of this by-law, and a like num-
ber on behalf of the persons interested in and desirous of opposing
the passing of this by-law, respectively.

11. The second day of January, 1906, at the council chamber
aforesaid, at twelve o'clock noon, is hereby appointed for the sum-
ming up by the clerk of this corporation of the number of votes
given for and against this by-law respectively.

By-law read a first time this 8th day of December, 1905.

J. McTeigue,

Town Clerk.

By-law read a second time this 8th day of December, 1905.

J. McTeigue,

Town Clerk.

By-law read a third time, passed, signed and sealed this 8th
day of January, 1906.

G. Clavet,

Mayor.

(Seal.) J. McTeigue,

Town Clerk.

Schedule A.

Referred to in the foregoing by-law showing how the amount of
$17,000.00 thereby required to be raised annually by special rate
is apportioned: —

Year. Principal Interest. Total.

1906 787 80 850 00 1.637 80

1907 827 20 810 60 1,637 80

1908 868 57 769 23 1,637 80

1909 912 00 725 80 1,637 80

1910 957 60 680 20 1,637 80

1911 1,005 47 632 33 1,637 80

1912 1,055 75 582 05 1,637 80

1913 1,108 53 529 27 1,637 80

1914 1,163 96 473 84 1,637 80

1915 • 1.222 16 415 64 1,637 80

1916 1,283 26 354 54 1,637 80

1917 1,347 42 290 38 1,637 80

1918 1,414 80 223 00 1,637 80

H919 1.485 54 152 26 1,637 80

*920 1,559 83 77 97 1,637 80

SCHEDULE

Chap. 91.

TOWN OF PORT ARTHUR.

6 EDW. VII

SCHEDULE "F."

Town of Port Arthur By-Law No. 817.

By-law to authorize the issue of debentures for $14,000 for the ex-
tension and completion of the electric lighting system.

Whereas the Electric Railway and Light Commissioners of the
Town of Port Arthur have found it necessary and -expedient to
expend the sum of $14,000.00 for the purpose of completing and
effectively operating the electric lighting system at the Town of
Port Arthur ;

And whereas the assent of more than two-thirds of the members
of this council has been given to such expenditure ;

And whereas under the provision of section 12 of Chapter 76
of 3 Edward VII., Ontario, being In Act respecting the Town of
Port Arthur, power is given to purchase from time to time and sell,
instal. equip, construct and erect such poles, wires, circuits, trans-
formers, installations, meters, street lamps, tools, appliances, tele-
phones, railway switches and other things which may be necessary
or expedient for the completion and effective operation of their
street railway, electric lighting, power and telephone systems, and
to issue debentures for the cost of any such matters, or things,
payable in not more than 15 equal annual installments, as is more
particularly set out in the said section ;

And whereas it is expedient to borrow the said sum of $14,000.00
and to issue debentures therefor ;

And whereas in order thereto it will be necessary to issue deben-
tures of this municipality for the said sum of $14,000.00 as here-
inafter provided (which is the amount of the debt intended to be
created by this by-law), proceeds of the said debentures to be
applied to the said purpose and no other ;

And whereas it is desirable to issue the said debentures at one
time and to make the principal of the said debt repayable by yearly
sums during the period of fifteen years, being the currency of the
said debentures, said yearly sums being of such respective amounts
that the aggregate amount payable in each year for principal and
interest in respect of the said debt shall be as nearly as possible
equal to the amount so payable in each of the other fourteen years
of the said period as shown in Schedule A hereto attached ;

And whereas the total amount required by The Municipal Act
to be raised annually by special rate for paying the said debt and
interest as hereinafter provided is $1,348.79, the amounts payable
for interest and principal respectively on account of each instalment
of the said debt being shown in the said Schedule A hereto ;

And whereas the amount of the whole rateable property of the
said Town of Port Arthur, according to the last revised assess-
ment roll, is $5,405 941.00. of which $1,677,800.00 is wholly exempt
from taxation and $395,250.00 is exempt except for school taxes;

And whereas the amount of existing dehenture debt of the Town
of Port Arthur is $985,843.00. exclusive of local improvement debts,
secured by special Acts, rates or assessments, and there is no part
of the principal or interest in arrear ;

Therefore the council of the corporation of the Town of Port
Arthur enacts as follows: —

1. The exependiture of th*3 said sum of $14,000.00 for the pur-
poses aforesaid, is hereby authorized, ratified and confirmed. :

2. For the purpose of raising the said sum of $14,000.00 for the
purpose aforesaid debentures of the Town of Port Arthur to the
said amount of $14,000.00 shall be issued on the first day of Feb-
ruary, 1906, in sums of not less than $100 each.

3. The said debt and debentures issued therefor shall bear inter-
est at the rate of five per centum per annum. The said debentures
shall be dated on the day of the issue thereof, and shall be payable

1906

TOWN OF PORT ARTHUR.

Chap. 91

719

in equal amounts in each of the said fifteen years next succeeding
the said date, such amounts being made up of the aggregate
amount due each year on account of principal and interest as shown
in the said Schedule A hereto.

4. Each of the said debentures shall be signed by the mayor of
the said town or by some other person authorized by by-law to
sign the same, and by the treasurer of the same town, and the clerk
shall attach thereto the corporate seal of the said municipality.

5. The said debentures shall be payable on the first day of Febru-
ary in each year during the said fifteen years, at the Ontario
Bank, at the City of Toronto.

6. During the fifteen years from 1906 to 1920 inclusive, being
fifteen years next succeeding date of the issue of the said debentures,
there shall be annually raised by special rate, on all the rateable
property in the said Town of Port Arthur, the sum of $1,348.79
for the purpose of paying the debentures falling due in each of
the said years respectively.

7. This by-law shall come into force on the day of the final pass-
ing thereof.

8. The debentures hereby authorized to be issued shall be a first
and preferential charge on the said electric lighting plant and the
revenue to be derived therefrom.

9. The votes of such of the electors of the Town of Port Arthur
as are entitled to vote thereon shall be taken on this by-law on
Monday, the first day of January, 1906, commencing at nine o'clock
in the morning and continuing until five o'clock in the afternoon
at the following places and hy the following deputy returning offi-
cers hereinafter mentioned, that is to say: —

Polling subdivision No. 1. — Embracing: all that part of the Town
of Port Arthur known as the First Ward, at the old council chamber
on Park street, by Mr. Neil McDougall as Deputy Returning
Officer.

Polling subdivision No. 2. — Embracing all that part of the Town
of Port Arthur known as the Second Ward, at W. Strachan's Paint
Shop, lot'9, East Cumberland street, by Mr. Albert Bonin as
Deputy Returning Officer.

Polling subdivision No. 3.— Embracing all that part of the Town
of Port Arthur known as the Third Ward, at A. L. Russell's office,
Cameron street, hy Mr. William Powley as Deputy Returning
Officer.

On Thursday, the twenty-eighth day of December, 1905, at his
offce, in the council chamber, in the Town of Port Arthur, at eleven
o'clock in the forenoon, the mayor shall in writing signed by him
appoint two persons to attend at the final summing up of votes by
the clerk of this corporation, and one person to attend at each
polling place on behalf of the persons interested in and desirous
of promoting the passing of this by-law, and a like number on
behalf of *the persons interested in and desirous of opposing the
passing of this by-law respectively.

10. The second day of January, 1906. at the council chamber
aforesaid, at twelve o'clock noon, is hereby appointed for the sum-
ming up by the clerk of this corporation of the number of votes
given for and against this by-law respectively.

By-lnw read a first time this 8th day of December, 1905.

J. McTeigtje, Town Clerk

By-law read a second time this 8th day of December, 1905.

J. McTeigtje. Town Clerk.

By-law read a third time, passed, signed and sealed this 8th
day of January, 1906.

G. Clavet, Mayor

(Seal.) J. McTeigue, Town Clerk.

SCHEDULE

Chap. 91.

TOWN OF PORT ARTHUR.

6 Edw. YII

Schedule A

Referred to in the foregoing by-law showing^how the amount of
$14,000.00 thereby required to be raised annually by special rate
is apportioned: —

Year. Principal. Interest. Total.

1906 648 79 700 00 1,848 79

1907 681 27 667 52 1,348 7y

1908 715 30 633 49 1,348 79

1909 751 10 597 69 1,348 79

1910 788 63 560 16 1.348 79

1911 827 96 520 83 1,348 79

1912 869 43 . 479 36 1,348 79

1913 912 94 435 85 1,348 79

1914 958 61 390 18 1,348 79

1915 1,006 49 342 30 1,348 79

1916 1.056 86 291 93 1,348 79

1917 1,109 67 239 12 1,348 79

1918 1,165 08 183 71 1,348 79

1919 1,223 35 125 44 1,348 79

1920 1.284 50 64 29 1,348 79

SCHEDULE "G."

Town of Port Arthur, By-Law No. 818.

By-law to authorize the issue of debentures for $7,000 for the pur-
pose of completing; and effectively operating the power system
of the Town of Port Arthur.

Whereas the Electric Railway and Light Commissioners of the
Town of Port Arthur have found it necessary and expedient to ex-
pend the sum of $7,000.00 for the purpose of completing and effec-
tively operating the power system of the Town of Port Arthur ;

And whereas the assent of more than two-thirds of the members
of this council has been given to such expenditure ;

And whereas under the provisions of section 12 of chapter 76 of
3 Edward VII., Ontario, being An Act respecting the Town of Port
Arthur, power is given to purchase from time to time and sell, instal,
equip, construct and erect such poles, wires, circuits, transformers,
installations, meters, street lamps, tools, appliances, telephones,
railway switches and other things which may be necessary or ex-
pedient for the completion and effective operation of their street
railway, electric lighting, power and telephone systems, and to issue
debentures for the cost of any such matters or things, payable in not
more than 15 equal annual instalments, as is more particularly set
out in the said section ;

And whereas it is expedient to borrow the said sum of $7,000.00
and to issue debentures therefor ;

And whereas in order thereto it will be necessary to issue deben-
tures of this municipality for the said sum of $7,000.00 as here-
after provided (which is the amount of the debt intended to be
created by this by-law), the proceeds of the said debentures to be
applied to the said purpose and no other ;

And whereas it is desirable to issue the said debentures at one
time and to make the principal of the said debt repayable by yearly
sums during the period of fifteen years, being the currency of the
said debentures, said yearly sums being of such respective amounts
that the aggregate amount payable in each year for principal and
interest in respect of the said debt shall be as nearly as possible
equal to the amount so payable in each of the other fourteen
years of the said period as shown in Schedule A hereto attached ;

And whereas the total amount required by The Municipal Act to
be raised annually by special rate for paying the said debt and

interest

1906.

TOWN OF TORT ARTHUR.

Chap. 91

interest as hereinafter provided is $674.39, the amounts payable for
principal and interest respectively on account of each instalment
of the said debt being shown in the said Schedule A hereto ;

And whereas the amount of the whole rateable property of the
said Town of Port Arthur, according to the last revised assess-
ment roll, is $5,405,241.00. of which $1,677,800.00 is wholly exempt
from taxation and $395,250.00 is exempt except for school taxes.

And whereas the amount of existing debenture debt of the Town
of Port Arthur is $985,843.00 exclusive of local improvement debts
secured by special Acts, rates or assessments, and there is no part
of the principal or interest in arrear ;

Therefore the council of the corporation of the Town of Port
Arthur enacts as follows: —

1. The expenditure of the said sum of $7,000.00 for the purposes
aforesaid is hereby authorized, ratified and confirmed.

2. For the purpose of raising the said sum of $7,000.00 for the
purposes aforesaid, debentures of the Town of Port Arthur to the
said amount of $7,000.00 shall be issued on the first day of Febru-
ary, 1906, in sums of not less than $100 each.

3. The said debt and the debentures issued therefor shall bear
interest at the rate of five per centum per annum. The said de-
bentures shall be dated on the day of the issue thereof, and. shall
be payable in equal amounts in each of the said fifteen years next
succeeding the said date, such amounts being made up of the
aggregate amount due each year on account of principal and inter-
est as shown in the said Schedule A hereto.

4. Each of the said debentures shall be signed by the mayor of
the said town, or by some other person authorized by by-law to
sign the same, and by the treasurer of the said town, and the clerk
shall attach thereto the corporate seal of the said municipality.

5. The said debentures shall be payable on the first day of Febru-
ary in each year during the said fifteen years at the Ontario Bank,
at the City of Toronto.

6. During the fifteen 'years from 1906 to 1920 inclusive, being
the fifteen years next succeeding the date of the issue of the said
debentures, there shall be annually raised by special rate, on all
the rateable property in the said Town of Port Arthur, the sum of
$674.39 for the purpose of paying the debentures falling due in
each of the said years respectively.

7. This by-law shall come into force on the day of the final pass-
ing thereof.

8. The debentures hereby authorized to be issued shall be a first
and preferential charge on the said electric power plant, and the
revenue to be derived therefrom.

9. The votes of such of the electors of the Town of Port Arthur
as are entitled to vote thereon shall be taken on this by-law on
Monday, the first day of January, 1906, commencing at nine o'clock
in the morning and continuing until five o'clock in the afternoon
at the following places and by th« following deputy returning offi-
cers hereinafter mentioned, that is to say: —

Polling subdivision No. 1. — Embracing all that part of the Town
of Port Arthur known as the First Ward, at the old council chamber
on Park street, by Mr. Neil McDougall as Deputy Returning
Officer.

Polling subdivision No. 2. — Embracing all that part of the Town
of Port Arthur known as the Second Ward, at W. Strachan's Paint
Shop, lot 9. East Cumberland street, by Mr. Albert Bonin as
Deputy Returning Officer.

Polling subdivision No. 3. — Embracing all that part of the Town
r>i Port Arthur known as the Third Ward, at A. L. Russell's office,
Cameron street, by Mr. William Powley as Deputy Returning
Officer.

46 s.

10.

Chap. 91

TOWN OF PORT ARTHUR.

6 Edw. VII

10. On Thursday, the twenty-eighth .day of December, 1905, at
his office in the council chamber, in the Town of Port Arthur, at
eleven o'clock in the forenoon, the mayor shall in writing signed
by him appoint two persons to attend at the final summing up of
votes by the clerk of this corporation, and one person to attend
at each golling place on behalf of the persons interested in and
desirous of promoting the passing of this by-law, and a like number
on behalf of the persons interested in and desirous of opposing the
passing of this by-law, respectively.

By-law read a first time this 8th day of December, 1905.

J. McTeigue.

Town Clerk.

By-law read a second time this 8th day of December, 1905.

J. McTeigue,

Town Clerk.

By-law read a third time, passed, signed and sealed, this 8th
day of January, 1906.

G. Clavet,

Mayor.

(Seal ) J- McTeigue,

Town Clerk.

Schedule A.

Referred to in the foregoing by-law showing how
$7,000.00 thereby required to be raised annually
is apportioned: — .

Year.

1906

1907

1908

1909

1910

1911

1912

1913

1914

1915

1916 :

1917

1918

1919

1920

the amount of
by special rate

Principal.

Interest.

Total.

324 39

350

674

340 61

333

674

357 65

316

674

375 53

298

674

394 30

280

674

414 02

260

674

.39

434 72

239

674

456 46

217

674

479 28

195

674

503 24

171

674

528 41

145

674

554 83

119

674

582 57

674

fill fiQ

674

642 28

674

SCHEDULE "H."

Town of Port Arthur.

No. 830.

By-law to purchase the property known as the "Strathcona"
property for corporation purposes.

Whereas the corporation of the Town of Port Arthur deems it
advisable for its future welfare to purchase and acquire the lands
hereinafter mentioned and which are briefly known as the "Strath-
46a s. cona"

1906.

TOWN OF PORT ARTHUR.

Chap. 91

cona" property, and the water lots fronting same, and the said
corporation desires to purchase same at and for the price of
$45,000 ;

And whereas it will require the sum of $3,761.14 to be raised
annually by a special rate on the whole rateable property of the
said Town of Port Arthur for the paying of the said sum of
$45,000 and interest on the debentures to be issued therefor ;

And whereas the amount of the whole rateable property of the
said Town of Port Arthur, according to the last revised assessment
roll, is $5,405,241.00. of which $1,677,800.00 is wholly exempt from
taxation and $395,250.00 is exempt except for school taxes;

And whereas the amount of the existing debenture debt of the
said Town of Port Arthur is $1,023,843.86, exclusive of local im-
provement debts, secured by special Acts, rates or assessment, and
there is no part of the principal or interest in arrear ;

Therefore the council of the corporation of the Town of Port
Arthur enacts as follows : —

1. The corporation of the Town of Port Arthur may purchase for
corporation purposes the property known as the "Strathcona"
property, and which is more particularly known and described as
lots numbers one, two, three and five, Herrick's survey, in the
Township of McGregor, in the District of Thunder Bay (excepting
thereout the portion deeded to the C.P.R. by deed dated the 10th
of November. 1896), lot six, Herrick's survey, in the Township of
McGregor and part in the Town of Port Arthur, and that portion
of lot number four, Herrick's survey, in the Township of McGregor,
together with the water lots in front of the above described
property.

2. That for the purpose of paying for the said property, it shall
be lawful for the mayor of the said corporation, and he is hereby
authorized and empowered, to cause any number of debentures
of the said corporation of the Town of Port Arthur to be made,
executed and issued to the amount of $45,000, in sums of not less
than $100 each, which said debentures shall be signed by the mayor
of the said corporation for the time being, and countersigned by
the treasurer for the time being of the said corporation, and duly
sealed with the corporate seal thereof.

3. That the said debentures shall bear date upon and be made
payable in twenty ye~ars from the day hereinafter appointed for
the coming into force of this by-law, at the Ontario Bank, Toronto.

4. That the said debentures shall bear interest at and after the
rate of five per cent, per annum from the date thereof, and such
interest shall be made payable heal-yearly, namely, on the first
day of April and the first day of October in each and every year
during the currency of the said debentures, at the said Ontario
Bank. Toronto, and such debentures shall have attached theretc
coupons for such half-yearly interest.

5. For the purpose of paying the said debt hereby created and
the interest on the said debentures for $45,000, to be issued there-
for as aforesaid, the sum of $3,761.14 shall be raised,, levied and
collected in each year of and from the whole rateable property of
the said Town of Port Arthur by an equal special rate in addition
to all other rates during the continuance of such debentures, of
which the sum of $2,250.00 shall be for such interest and the sum
of $1,511.14 for a sinking fund for the ultimate payment of the
said debentures.

6. This by-law shall come into force on the first day of April.
1906.

7. The vote of such of the electors of the said Town of Port
Arthur as are by law entitled to vote hereon shall be taken on this
by-law on the twelfth day of March, 1906, commencing at nine
o'clock in the morning and continuing until five o'clock in the after-
noon, at the following places, and by the deputy returning officers
hereinafter mentioned, that is to say: —

Polling

724

Chap. 91.

TOWN OF PORT ARTHUR.

6 Edw. VII

Polling subdivision No. 1. — At the police station, on Park street,
by Mr. Neil McDougall.

Polling subdivision No. 2. — At Strachan's paint shop, east side
Cumberland street, by Mr. Albert Bonin.

Polling subdivision No. 3. — At A. L. Russell's office, north side
Cameron street, by Mr. W. A. McCallum.

8. On the 8th day of March, 1906, at his office in the council
chamber, on Cumberland street, in Port Arthur, at 10 o'clock in
the forenoon, the mayor shall, in writing signed by him, appoint
persons to attend at the various polling places aforesaid and at the
final summing up of the votes by the clerk of this corporation on
behalf of the persons interested in and desirous of promoting or
opposing the passing of this by-law respectively.

9. The 13th day of March, 1906, at the council chamber afore-
said, at 12 o'clock noon, is hereby appointed for the summing up
by the said clerk of the number of votes given for and against this
by-law respectively.

Council chamber, Port Arthur, 13th day of March, 1906.

G. Clavet,

Mayor.

(Seal.)

i J. McTeigue,

Clerk.

CHAPTER.

1906

TOWN OF PORT HOPE.

Chap. 92 725

)

CHAPTER 92.

An Act respecting The Town of Port Hope.

Assented to 27th April, 1906.

WHEREAS the Municipal Corporation of the Town of Gamble.
Port Hope has by petition set forth that on the sev-
enteenth day of November, A.D. 1903, the said Corporation
entered into an agreement with the Port Hope Electric
Light and Power Company, Limited, for lighting the
streets of the said Town for a period of five years from the
date of said agreement, upon the terms and conditions
therein set forth; that incorporated in said agreement was
a clause, under which, either party thereto could termin-
ate the same by giving to the other party six months' notice
in writing of its intention so to do ; that on the twenty-sec-
ond day of June, A.D. 1905, the said Company caused to be
served upon the said Corporation a notice terminating the
said agreement in six months from the date of such
notice, or of its being served upon the said Corporation in
accordance with the terms of the said agreement; that the
said notice was served upon the said Corporation on the
fourth day of July, A. D. 1905; that before the expiry of
the said notice, to wit, on the seventeenth day of October,
A.D. 1905, the president of the said Company offered to
continue on the old terms in order to give the Council the
opportunity of making other arrangements for the town
lighting; that on the twentieth day of November, A.D.
1905, the said Corporation accepted the offer of the said
Company ; that the said Company did continue to light the
streets of the said town until the first day of February,
A.D. 1906, but did not comply with the terms of the agree-
ment, which provided that the lights should be maintained
until one o'clock a.m., causing the lighting to cease at mid-
night in contravention of the terms of said agreement ; that
owing to disputes between the said Company and the said
Corporation as to an account of the said Company for street
lighting, thereupon the said Company ceased to light the
streets of the said Town and the streets of the said Town have
been without light since the first day of February, A.D.

1906

726 Chap. 92

TOWN OF PORT HOPE.

6 EDW. VII

1906; and whereas it appears that doubt exists as to the
power of the said Corporation to construct electric light
works in the said Town without first purchasing or offering
to purchase the plant of the said Company; and whereas
the said Corporation has" by the said petition further shewn
that the said Corporation has made enquiries as to cost of
water power and plant, and found that a municipal plant
could supply electric light in the said Town far more eco-
nomically and efficiently than the said Company has ever
. done ; and whereas the said Corporation has by the said
petition prayed that an Act may be passed to authorize the
said Corporation to issue debentures for the sum of $10,000
and to apply the proceeds thereof in the erection and estab-.
lishment of an electric light plant in the said Town for the
purpose of lighting the streets and buildings of the said
Corporation, and that in and by the said Act it may be
declared that the said Corporation shall not be bound to
make any offer to purchase the plant of the said Company,,
or to take the proceedings in relation thereto prescribed
by the clause lettered (a) and the following clauses of
paragraph numbered 4 of section 566 of The Consolidated
Municipal Act, 1903, and the amendments thereto; and
whereas it appears that the circumstances of the said Town
are exceptional; and whereas it is expedient to grant the
prayer of the said petition ;

Therefore His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of On-
torio, enacts as follows: —

Town of Port 1. The Municipal Council of the Town of Port Hope may

Hope authonz- ,, r , ■, . . . - e . "

ed to pass by- pass a by-law ot by-laws tor constructing and operating
straeung^id electric light works in the Town of Port Hope, and for
efec^icHght acquiring the necessary land and for erecting thereon sueh
works. buildings, plant and machinery as the said Council may

deem necessary or desirable for the proper construction
and operation of the said electric light plant, and for sup-
plying electric light for lighting the streets and buildings
of the said Municipal Corporation and for other municipal
purposes.

issue of deben- 2. The council of the said town may in and by any by-
tures ere 01. passe(j under the preceding section or any by-law
passed from time to time provide for issuing debentures
payable in not more than 15 years and in equal annual
instalments of principal and interest to an amount not
exceeding in the whole the sum of $10,000; the said deben-
tures or the proceeds thereof to be applied to the purposes
of the preceding section. Provided that no such by-law
shall be finally passed until the assent of the ratepayers
qualified to vote on money by-laws has been obtained in
accordance with the provisions of The Consolidated Munici-
pal Act, 1903.

1906

TOWN OF PORT HOPE.

Chap. 92

727

3. To remove doubts it is declared that the clauses ^5^8lo^I6f
lettered a to ad both inclusive, following paragraph 4 of c is, s'. 566," '
Section 566 of The Consolidated Municipal Act, 1903, do nottolp^y09,
not apply to the Corporation of the Town of Port Hope, nor

to the council thereof, and it shall not be necessary for
the council of the said Town before passing any by-law
under section 1 or section 2 of this Act, or issuing deben-
tures thereunder, to fix any price to be offered to any
electric light company supplying, or which has here-
tofore supplied electric light in the Town of Port Hope,
or to take any further or other proceedings having for
their object the fixing of a price to be paid by the said
Municipal Corporation for the works and plant of any
such Company or any part thereof, or the purchase or ex-
propriation of such works or plant or any part thereof
by the said Municipal Corporation.

4. Save as aforesaid, all the provisions of The Consoli- Application of
dated Municipal Act, 1903, applicable to municipal by- Son^of^Edw.
laws for constructing electric light works and for issuing vrr- c- 19-

of debentures for that purpose shall apply to any by-law
to be passed under the provisions of this Act, and to the
debentures to be issued under any such by-law.

CHAPTER

728

Chap. 93.

CITY OF ST. CATHARTNES.

6 EDW. VII

CHAPTER 93.

An Act respecting the City of St. Catharines.

!! St. Catharines has, by its petition, represented that
under and by virtue of a by-law of the said city
corporation numbered 512, passed on the 16th day of June,
1886, entitled "A by-law to authorize the corporation of the
City of St. Catharines to aid the St. Catharines and Niagara
Central Railway Company by guaranteeing certain bonds
or debentures to be issued by the said company," the said
city corporation guaranteed, under its corporate seal, pay-
ment of the bonds or debentures of the said company to the
amount of $80,000, and interest thereon until maturity,
the said bonds or debentures being payable in twenty years
from the date of the passing of said by-law, and that by
reason of the sale of the assets and properties of the said
the St. Catharines and Niagara Central Railway Company
at the suit of the bondholders thereof, the guarantee of the
said municipal corporation has become a liability of the said
municipal corporation to the extent of $61,319.96, and will
mature and become payable by the said city corporation on
or about the 1st day of June, 1906, and no provision has
been made for the payment of the said liability, and that
the said municipal corporation should be authorized to issue
the debentures of the corporation for the purpose of pay-
ing the said liability when it matures ; and whereas the said
municipal corporation has, also, by its said petition, repre-
sented that authority should be given to the municipal cor-
poration of the County of Lincoln to aid or assist the said
municipal corporation of the City of St. Catharin es in the
construction of the high level Vidgre mentioned ind re-
ferred to in section 3 of Chapter 66 of 4 Edward VII., and
for that purpose to issue the debentures of the said county
corporation therefor; and whereas the said municipal cor-
poration has, by its said petition, further represented that
sections 3 and 4 of the said Act, Chapter 66 of 4 Edward
AIL, should be amended for the purpose of more clearly
defining the purposes of said sections, and that section 9 of

Assented to 14th May, 1906.

Corporation of the City of

the

1906.

CITY OF ST. CATHARINES.

Chap. 93

729

the said Act should be amended so as to make the operation
of the said section 9 more just and equitable; and the said
municipal corporation has, by its said petition, prayed for
the passing of an Act for the purposes aforesaid ; and where-
as it is expedient to grant the prayer of the said petition;

Therefore His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of On-
tario, enacts as follows : —

1 . It shall be lawful for the said corporation of the City °ofrdeben-
of St. Catharines to pass a by-law or by-laws providing for $61,319.96 to pay
the issue of debentures under its corporate seal for the PUI"- incurred under
pose of paying a certain liability of the said city corporation B>-Iaw 612-
incurred under and by virtue of a by-law of the said city
corporation numbered 512, passed on the 16th day of June,

1886, entitled "A by-law to authorize the corporation of the
City of St. Catharines to aid the St. Catharines and Niagara
Central Railway Company by guaranteeing certain bonds
or debentures to be issued by the said company," which
said bonds or debentures amount to the sum of $61,319.96,
and will mature on or about the 1st day of June, 1906. The
said debentures shall be payable in twenty years from the
date of the by-law authorizing the issue thereof, and shall
bear interest at the rate of four per cent, per annum, and
may be payable at such place or places as the council of the
said corporation may by by-law determine. It shall not
be necessary to submit the by-law authorizing the issue of
the said debentures to the electors of the said city for their
approval.

2. It shall and may be lawful for the corporation of the 2°™^°*
County of Lincoln to aid or assist the corporation of the City autnorized.to; _
of St. Catharines in the construction of the high level construction^of
bridge mentioned and referred to in section 3 of Chapter 66 bridg^by

of 4 Edward VII., by the gift of money or by the guarantee guarantee of .
of the debentures of the said corporation of the City of St. etc.en "res'
Catharines to be issued in respect of the construction of the
said high level bridge or in any other manner which the
council of the said county corporation may deem expedient,
and for any of the said purposes to issue the debentures of
the said county corporation, and to pass by-laws of the said
county corporation for any of said purposes, and it shall
not be necessary for the said county corporation to submit
any such by-law for the votes of the electors, but any such
%-law as aforesaid shall receive the affirmative vote of two-
*«irds of the members of the council of said county corpora-
tion.

3. Section 3 of Chapter 66 of 4 Edward VII. is hereby 4 Edw. vn.,
amended by striking out the words "by any such railway amended
company" in the nineteenth and twentieth lines of said ame"
section.

730

Chap. 83.

CITY OF ST. CATHARINES.

6 Edw. VII

4Edw. vii., 4. Section 4 of Chapter 66 of 4 Edward VII. is hereby
amende! amended by striking out the words "constructing the said
bridge as aforesaid" in the third line of the said section,
and by striking out the words "and partly to such company
constructing the said bridge as aforesaid" in the twelfth
and thirteenth lines of the said section, and substituting
therefor the words "and partly to any railway company
which may construct the said bridge under agreement with
the said city corporation."

4 Edw. vip., 5. — (1) Section 9 of Chapter 66 of 4 Edward VII. is hereby
amended. amended by adding after the word "rental" in the sixteenth
line of the said section the following words : "but no allow-
ance in reduction or payment of the said annual sewer ren-
tal in respect of any sum heretofore paid for the privilege
of connecting with the said common sewer shall be made or
allowed in the case of any premises which have been con-
nected with any common sewer for a period of five years
prior to the 1st day of January, 1906," and by adding to
the said section 9 as subsection 2 thereof the following :

(2) In any case where lands or premises are drained into
any sewer or drain which runs through or across the pro-
perty of any private person or persons and joins or is con-
nected with the general sewer system of the city, the person
or persons whose land or premises is so drained as aforesaid
shall be liable for and shall pay sewer rental according to
the street frontage of the said lands or premises notwith-
standing that any such person or persons or his or their pre-
decessors in title may have contributed to the construction
or laying down of such sewer or drain so running through
or across private property as aforesaid.

CHAPTER

190G.

CITY OF ST. CATHARINES.

Chap. 94. 731

CHAPTER 94.

An Act to Confirm By-law number 1781 of the
City of St. Catharines.

Assented to 27th April, 1906.

WHEREAS the Young Men's Christian Association of Preamble-
the City of St. Catharines and the Roman Catholic
Episcopal Corporation of the Arch-Diocese of Toronto, have
requested the Municipal Corporation of the said City of
St. Catharines to fix the assessment upon their respective
properties in the said City of St. Catharines for each and
every year from the first day of January, 1906; and
whereas the Municipal Corporation of the said City did on
the 5th day of February, 1906, enact by By-law Number
1781 of the said Corporation, that the said Young M^n's
Christian Association's assessment should be so fixed at the
sum of $3,000 and that the assessment of the property of
the Roman Catholic Episcopal Corporation, known as the
Canadian Lyceum and Athletic Club,, should be so fixed at
the sum of $1,500 and the said Young Men's Christian
Association and the Roman Catholic Episcopal Corpora-
tion of the Arch-Diocese of Toronto have by their petition
prayed that the said by-law be legalized and declared bind-
ing upon the said Corporation ; and whereas no opposition
has been offered to the said petition; and whereas it is
expedient to grant the prayer of the said petition;

Therefore His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. Subject to section 2 hereof, By-law Number 1781 of f^1*^^"-
the Municipal Council of the City of St. Catharines, schedule a,
set forth as Schedule "A" to this Act, entitled confirmed-
"A by-law to fix the assessments of the properties of
the Young Men's Christian Association of the City
of St. Catharines; .and the Roman Catholic Episcopal
Corporation of the Arch-Diocese of Toronto, known as the
Canadian Lyceum and Athletic Club" at the sums of $3,000
and $1,500 respectively, passed by said council on the 5th
day of February. 1906, is hereby declared legal, valid and
binding upon the said* Corporation.

732 . Chap. 94.

CITY OF ST. CATHARINES.

6 Edw. VII.

Fixing of 2. Notwithstanding anything contained in the said

u?ext™nd 1 not by-law, the fixing of the assessment of the said properties
beyond is as set out therein shall extend to and be effectual for a
period of fifteen years only from the first day of January,
1906, and no longer, and the said properties shall be liable
to assessment and taxation for school purposes on their full
assessable value in the same manner as if the said by-law
had not been passed.

SCHEDULE "A."

By-Law No. 1,781.

• A By-law to fix the assessment of the properties of the Young
Men's Christian Association, of the City of St. Catharines,
and of the Roman Catholic Episcopal Corporation of the Arch-
Diocese of Toronto, known as the Canadian Lyceum and
Athletic Club.

Whereas, the Young Men's Christian Association, of the City
of St. Catharines, and the Roman Catholic Episcopal Corporation
of the Arch-Diocese of Toronto, the owners of the above properties,
situate in the City of St. Catharines, in the County of Lincoln,
and Province of Ontario, have applied to the municipal council
of the said City of St. Catharines for a fixed assessment on their
respective properties, and

Whereas, the council deems it expedient to accede to their request
so far as it has power so to do ;

Be it therefore enacted by the municipal council of the said
City of St. Catharines:

1. That the assessment of the property of the Young Men's
Christian Association of the City of St. Catharines, situate on
St. Paul Street, in the said City of St. Catharines, and being
No. 171 St. Paul Street, and the lands and premises connected
therewith as the said property and premises are mentioned and
described on the assessment roll of the City of St. Catharines for
the year 1905, be fixed at the sum of $3,000.00 for each and every
year hereafter from the first day of January, 1906, and that the
assessment of the property of the Roman Catholic Episcopal Cor-
poration of the Arch-Diocese of Toronto, situate at the corner
of Church and Mary Streets, in the said City of St. Catharines,
and known as the Canadian Lyceum and Athletic Club, and the
lands and premises connected therewith as the said property and
premises are mentioned and described in the assessment roll of
the said City of St. Catharines for the year 1905, be fixed at the
sum of $1,500.00 for each and every year thereafter from the
first day of January, 1906.

2. That the said respective assessments as so fixed shall remain
and continue only so long as the said respective premises shall
remain the property of said respective bodies and shall be used
and occupied for their respective purposes.

3. This By-law shall not come into force or effect until con-
firmed and validated by an Act of the Legislative Assembly of the
Province of Ontario.

Passed this fifth day of February, A.D. 1906.

(Signed) Andrew Riddell,

Mayor.

[ Seal.] (Signed) Jno. S. McClelland.

> City Clerk

CHAPTER

1900

CITY OF ST. THOMAS.

Chap. 95 733

CHAPTER 95.

An Act respecting the City of St. Thomas.

Assented to 27th April, 1906.

X\T HEREAS the Corporation of the City of St. Thomas Preamble.
» » has by its petition represented that the said Corpor-
ation has incurred a floating indebtedness of $26,161.16,
made up as follows: — $5,191.58 of a deficiency in sinking
funds, numbers one and two created under the authority
of by-law No. 22 for redeeming the debentures issued under
the authority of The Town of St. Thomas Debentures Act of
1864, and under by-law No. 97 for redeeming the deben-
tures issued under the authority of the Act passed in the
48th year of the reign of Her late Majesty, Queen Victoria,
Chaptered 69, caused by the reduction of bank
interest; $4,315 necessarily expended in the reconstruc-
tion of Manitoba Street sewer; $2,702.65 in making exten-
sions of its street railway, in order to carry out its agree-
ment with the South Western Traction Company ; $4,360 of
a balance due on the purchase of an electric storage bat-
tery, to provide additional power for said street railway;
$9,591.29 of a balance due upon the purchase of the gas
and electric light plant, and that to liquidate the said
floating indebtedness forthwith, in addition to the ordin-
ary and necessary annual expenditure, would be unduly
oppressive to the ratepayers; and whereas the said
Corporation has further represented that it is necessary and
expedient for the Corporation to raise and provide a fund
for the extension of gas mains in the said city, and that an
amount not exceeding $30,000 will be required for the pay-
ment of the said floating indebtedness and for providing for
paying 'the cost of the extension of gas mains in the said
City; and whereas the said corporation has further repre-
sented that the Canadian Iron and Foundry Company, Lim-
ited, have erected extensive works in the said City, upon the
understanding and agreement that the said corporation
would exempt their property from all taxes except school
taxes and local improvement rates for a period of twenty
years from the first day of January, 1905 ; and whereas the
said Corporation has prayed that an Act may be passed con-
solidating

734 Chap. 95 crrr of st. thomas. 6 Edw. VII

solidating the said indebtedness and authorizing the issue
of debentures therefor, and for meeting the cost of the
extension of gas mains, and validating the said agree-
ment; and whereas it is expedient to grant the prayer of
the said petition;

Therefore His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of Ontar-
io, enacts as follows : —

Floating I. The said floating indebtedness of the City of St.

consoifdated. Thomas is hereby consolidated at the sum of $26,161.16,
and it shall be lawful for the Council of the said Cor-
poration to pass a By-law authorizing the issue of deben-
tures to an amount not exceeding $30,000 in sums of not less
than $100 each and to raise by way of loan upon the credit
of the said debentures a sum not exceeding $30,000 for the
purpose of paying off the said floating indebtedness of
the said Corporation so consolidated, and of providing a
fund for paying the cost of the extensions of gas mains in
the said City.

Term of 2. The said debentures shall be made payable in not

more than twenty years from the date of the issue thereof,
and shall bear interest at a rate not exceeding 4£ per cent,
per annum payable yearly and shall have coupons attached
thereto for the interest and shall be payable at such place
or places as the Corporation may deem expedient.

Manner of

3. The said debentures shall be payable in equal annual
§ebeneture°sf instalments of principal and interest, in such manner and
of such amounts that the amount payable for principal
and interest in any year shall be equal as nearly as may
be to what is payable for principal and interest in each of
the other years of the period within which the debt is to
be paid.

special rate. 4. The said Corporation shall levy in each year during
the period within which the said debt is payable, in addi-
tion to all other rates, a special rate sufficient to produce
and pay the annual instalment of principal and interest
falling due upon the said debentures.

Appiicatien of 5. The moneys arising from the sale of the said deben-
debenufrei. tures sna11 be applied, first, in payment of the indebted-
ness hereby consolidated, and the balance remaining of
said moneys shall be used in defraying the cost of the
necessary extensions of the gas mains in the said City, and
in no other manner and for no other purposes whatsoever.

Assent of 6. It shall not be necessary to obtain the assent of the

required1101 electors or ratepayers of the said City of St. Thomas, to

the

1906

CITY OF ST. THOMAS.

Chap. 95 735

ihe passing of any by-law which shall be passed under
the authority of this Act or to observe the formalities in
relation thereto prescribed by The Consolidated Municipal
Act, 1903.

7. No irregularity in the form of the said debentures irr^uiarity in
authorized to be issued by this Act or of the by-law author- invalidate,
izing the issue of the same, shall render the same invalid

or illegal.

8. Notwithstanding anything contained in The Con- Authority to
solidated Municipal Act, 1903, to the contrary, the Muni- ^em^t'^pro-
cipal Council of >the City of St. Thomas is hereby author- P^ty^ofCana-
ized and empowered to pass a by-law exempting the real Foundry co.
and personal property (and including business assessment) for 10 years'
of the Canadian Iron Foundry Company, (Limited), in the

said City of St. Thomas from taxation, except for school
taxes and local improvement rates, for a period not exceed-
ing ten years from the first day of January, A.D. 1905,
and it shall not be necessary to obtain the assent of the
electors or ratepayers of the city to such by-law or to
observe any of the provisions or requirements of the said
Act in regard thereto.

CHAPTER

736

Chap. 96.

TOWN OF SARNIA.

EDW. VII.

Preamble.

CHAPTER 96.

An Act to confirm By-law number 640 of the
Town of Sarnia.

Assented to 14th May, 1906.

TVThEREAS the Municipal Corporation of the Town of
TT Sarnia has by petition represented that the council
of the said corporation duly passed a certain local improve-
ment by-law numbered 640 on the twelfth day of June,
A.D. 1905, entitled "A By-law to raise |29,632.92 by the
issue of debentures secured by local special rates on pro-
perties fronting on streets or portions of streets in the
said by-law set out, and partly secured by general rate
for the payment of concrete pavement sidewalks on said
streets and portions of streets," providing for the rais-
ing of said sum for paying the cost of such side-
walks by the issue of debentures for the amount of
the principal and interest thereon, as is set out
in said by-law; and whereas, it is provided by said
by-law to raise the said sum of $29,632.92, being the
total cost of laying the concrete sidewalks mentioned in
said by-law, and for that purpose to issue debentures to
the extent of $45,547.40, being the amount provided by
said by-law to be raised and interest thereon at the rate
of four and one-half per cent, per annum, of which de-
bentures ^9,202.40 is the share to be borne by the town
at large and the balance, $36,345.00, is the share to be
borne by the frontage ratepayers ; and whereas none of
the said debentures have been issued or sold but the first
payment to be made as provided under said by-law, name-
lj, — $2,277.37 has been levied, which leaves deben-
tures to the extent of $43,270.03 to be issued under sai
by-law; and whereas the said by-law was duly registered
in the registry office for the County of Lambton on the
twentieth day of June, A.D. 1905, and no application
has been made or action brought to quash or set aside the
said by-law or any part thereof, or to question the levy-
ing of rates or making assessments thereunder; and
whereas the said corporation has by the said petition pray-
ed that an Act may be passed confirming the said by-law

and

1906,

TOWN OF SARNIA.

Chap. 96.

737

and all debentures issued or to be issued thereunder, and
all rates and assessments levied or to be levied for the
payment thereof or for the payment of the sums provided
to be raised under said by-law; and whereas it is exped-
ient to grant the prayer of said petition ;

Therefore His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of On-
tario, enacts as follows: —

1. By-law numbered 640 of the Town of Sarnia, in By-law No. 640
the County of Lambton, passed by the municipal council Town of sarnia
of said town on the twelfth day of June, A.D. 1905, and confirmed-
intituled "A by-law to raise $29,623.92 by the issue of
debentures secured by local special rates on properties
fronting on streets or portions of streets in the said by-
law set out and partly secured by general rate for the pay-
ment of concrete pavement sidewalks on said streets and
portions of streets," and all debentures issued or to be
issued thereunder and all rates and assessments made or
to be made for the payment thereof are hereby validated
and confirmed and are declared legal, valid and binding
upon the said municipal corporation and the ratepayers
thereof, notwithstanding any want of jurisdiction on the
part of the municipality to pass the said by-law and not-
withstanding any defect in substance or in the form of
the said by-law or in the manner of passing the same.

47 s.

CHAPTER

738

Chap. 97.

TOWNSHIP OF SHUNIAH.

6 EDW. VII

CHAPTER 97.

An Act respecting the Township of Shuniah.

Preamble.

Sales of land
for arrears
of taxes con-
firmed.

Assented to 14th May, 1906.

WHEREAS the Municipal Corporation of the Township
of Shuniah has by its petition prayed that all sales
of lands for taxes within the said Township should be vali-
dated and confirmed ; and whereas it is expedient to grant
the prayer of the said petition.

Therefore His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1. All sales of lands within the Municipality of the
Township of Shuniah up to and including the sale held in
the year 1904, and which purported to be made for arrears
of taxes in respect of the lands so sold, are hereby validated
and confirmed, notwithstanding any irregularitv in the
assessment or other proceedings for imposition of any taxes
so in arrear, or any failure to comply with the requirements
of The Consolidated Assessment Act, 1892, or of The Assess-
ment Act or any amendments to either of the said Acts in
regard to the manner in which any assessment roll or col-
lector's roll of the said municipality has been prepared, or
in regard to the certifying or signing of the same, or the
making any affidavit or oath required in connection there-
with, or in regard to the time for the return of any collect-
or's roll of the said municipality, or in regard to the fur-
nishing, authenticating, or depositing of any list of lands
in arrears for taxes within the said "UBaicipality nv *n re-
gard to the^ mailing of notice to any person in respect to
whose land any taxes appeared at any time to be in arrear,
or in regard to any omission to levy the amount of any such
taxes in arrear by distress and sale of goods, and notwith-
standing any other failure or omission on the part of the
said municipality, or of any official thereof, to comply with
any requirements of the said Acts and notwithstanding
anything to the contrary in either of the said Acts
contained; provided, however, that any land so sold
47a s for

1806.

TOWNSHIP OF SHUNIAH.

Chap. 97 739

for taxes which is still held by the said corpora-
tion may be redeemed by the owner thereof or any
mortgagee thereof prior to the 27th day of Octo-
ber, 1906, by such owner or mortgagee paying to the
said corporation the full amount which would have been
necessary to redeem the same, within one year from the
day of sale as provided in The Assessment Act, including
interest, the costs and charges of the sale and a sum for
every year or years in which the same may not have been rat-
ed for taxes equal to what would have been the taxes thereon
at the current rate for such year or years if the land had
been assessed to a private person, and also interest upon the
several sums to the time of such redemption ; and provided
further that nothing in this Act contained shall affect any
rights which are the subject of litigation at the time of the
passing of this Act, or any rights as to lands included in
the sale of 1904 which may be the subject of litigation prior
to the said 27th day of October, 1906.

2. Nothing in this Act contained shall be held to vali- sales of
date any sales of unpatented lands (other than the locatee's J^ulfo
interest therein) purporting to have been made for arrears affected-
of taxes.

CHAPTER

Chap. 98.

THOBNBUBY AND COLLINGWOOD. 6 EDW. VII

CHAPTER 98.

An Act respecting the Town of Thornbury and
the Township of Collingwood.

Assented to 27th April, 1906.

HEREAS the Municipal Corporations of the Town

t T of Thornbury and the Township of Collingwood
have, by their joint petitions, represented that by
the Act passed in the fiftieth year of Her late
Majesty's reign, Chaptered sixty-eight, intituled "An
Act to incorporate the Town of Thornbury," no
provision was made by which the real property of the
Township of Collingwood (of which the said Town of
Thornbury, theretofore formed a part) situate in Thorn-
bury, should become the property of the Town of Thorn-
bury ; and that by the Act passed in the fifty-sixth
year of her late Majesty's reign, Chaptered sixty-one, and
intituled "An Act respecting an agreement entered into
between the Corporation of the Township of Collingwood
and the Corporation of the Town of Thornbury," provi-
sion was made for the joint control, maintenance and re-
pair by the said corporations of the harbour, wharf and
storehouse situate at the mouth of the Beaver River in
the said Town of Thornbury; and that the said cor-
porations have entered into the agreement bearing date the
15th day of December, A.D. 1905, set out in the Schedule
to this Act at length ; and whereas the said corporations
have, by their petition, prayed that an Act may be
passed vesting the real property included within the limits
of the Town of Thornbury in the corporation of the town,
and confirming the said agreement, dated the 15th day
of December, 1905 ; and whereas it is expedient to grant the
prayer of the said petition ;

Therefore His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of On-
tario, enacts as follows : —

1. All the real property situate within the limits of the
Town of Thornbury, which was at the date of the incor-
poration of the said town vested in the Township of Colling-
wood

1906. THORNBURY AND COLLINGWOOD. Chap. 98 741

wood, including the said wharf, harbour and storehouse, is
declared to be and to have been as and from the 23rd
day of April, 1887, vested in the Municipal Corporation
of the Town of Thornbury, and all the provisions of The
Consolidated Municipal Act, 1903, and of any other Act,
from time to time, substituted for The Consolidated
Municipal Act, 1883, so far as the same relate to the dis-
position of real property upon the incorporation of a village,
shall be taken to apply and to have applied to the incorpora-
tion of the Town of Thornbury in like manner as if the said
Town of Thornbury had been a village incorporated under
the said The Consolidated Municipal Act, 1883.

2. Notwithstanding anything contained in the Act Town of Thorn-
passed in the 33rd year of the reign of Her late Majesty power to sell
Queen Victoria, Chaptered 64, and in the grants from the cenaln^andf
Crown of parcels numbers one and two, as mentioned ^eeh-om^

in the agreement set out in the Schedule hereto,
the Corporation of the said Town of Thornbury
shall have the same power to sell, lease, convey, dispose of
and contract in regard to all such portions of the said lands
described as parcel number one as shall not be required
for harbour purposes and for the purposes of the trans-
portation and storage of freight, and those said lands de-
scribed as parcel number two, and every part thereof as
any subject of His Majesty has in regard to lands pos-
sessed by him in fee simple absolute, and the trusts and
special purposes whereon the grants from the Crown of
the said lands were made to the -said Corporation of the
Township of Collingwood be, and the same are hereby
annulled, altered or modified, as the case may require, to
conform to the said agreement. Provided that nothing
herein contained shall affect or prejudice the just rights
(if any) which have been acquired by any person, firm or
corporation from either of the said municipal corporations.
Provided, also that no part of the said lands shall be proviso,
sold, leased, conveyed or otherwise disposed of by the said
town, unless and until the assent of the qualified ratepayers
of the said town has been obtained in accordance with the
provisions of section 366a of The Consolidated Municipal
Act, 1903.

3. The lands described in the said agreement as parcel certain lands
number three shall henceforth be and the same are hereby v^tedln t0 be
declared to be vested in the Thornbury Public School g^dc Sch°o1
Board upon the trusts set forth in the grant thereof from

the Crown.

4. So far as the same relates to matters within the legis- Agreement
lative jurisdiction of the Province of Ontario, the said confirmed'13
agreement in the Schedule to this Act set out is confirmed

and declared to be valid and binding upon the parties
thereto.

742

Chap. 98.

THORNBURY AND COLLINGWOOD. 6 EDW. VII

5. The said Act, passed in the fifty-sixth year of Her
late Majesty's reign, and intituled "An Act respecting an
agreement entered into between the Corporation of the
Township of Collingwood and the Corporation of the Town
of Thornbur^. Chaptered sixty-one, is hereby repealed.

SCHEDULE.

This Indenture made in duplicate the Fifteenth day of December,
A. D. 1905, between the Corporation of the Township of
Collingwood, in the County of Grey of the First Part, and
the Corporation of the Town of Thornbury, in the said County
of Grey of the Second Part.

Whereas by the Act passed in the fiftieth year of Her late
Majesty's reign, chaptered sixty-eight, intituled "An Act to
incorporate the Town of Thornbury," the unincorporated Village
of Thornbury, in the Township of Collingwood, in the County of
Grey, was incorporated as a town under the name of "The Cor-
poration of the Town of Thornbury," apart from the Township of
Collingwood. in which the said village was situate;

And whereas by the said Act no provision was made by which
the real property of the Township of Collingwood, situate in
Thornbury should become the property of the Town of Thornbury,
and doubts have arisen as to the ownership of the said real
property ;

And whereas such real property included parcel number one,
described as blocks lettered A, B, C, D, G, H, I, J, K and M, on
the margin of the Georgian Bay, block lettered E on the margin
of the Beaver River, the triangular block lettered L bounded by
Bay street, Elma street and Beaver street, and all that part of
the Mill Reserve of the said Town plot lying between the northern
boundary of the lands heretofore granted by the Crown to the
Honorable William B. Robinson and the Georgian Bay, as shown
on the plan of survey by Provincial Land Surveyor Thomas Dono-
van, dated 31st August, 1869, of record in the Crown Lands
Department — and also the water lots in the Georgian Bay in front
of the said blocks and the said north part of the Mill Reserve on
the margin of the Georgian Bay to a depth of sixteen feet water,
as shewn also on the said plan of survey, granted by the Crown
by patent dated the 14th day of September, 1871, to the said Cor-
poration of the Township of Collingwood and their successors for-
ever, for the purpose of making a harbor at the mouth of the
Beaver River and for other purposes, for which a grant is author-
ized by the Act, 33 Victoria, chapter 64, and subject to the
provisions ^of the said Act, and also" included parcel number two,
described as lots numbers five, six, seven, eight and nine on the
southwest side of Bay street, and lots numbers five, six, seven,
eight and nine on the northeast side of Huron street, in the town
plot of Thornbury aforesaid (half an acre each), granted by the
Crown by patent, dated the 20th day of November, 1878, to the
Corporation of the Township of Collingwood, their successors and
assigns forever in trust for a public park under the thirteenth
section of The Public Lands Art, and also included parcel number
three, described as park lot number seven on the northeast side
of Alfred street in the said Town of Thornbury, granted by the
Crown by patent dated the 4th day of February, 1859, to the
Municipal Council of the said Township of Collingwood and their
successors in office forever, in trust as a site for a common school
for the benefit of the inhabitants of School Section number nine
in the aforesaid Town of Thornbury, and for no other purpose
whatsoever, and also included the wharf and harbor at the mouth
of the Beaver River in the said Town of Thornbury, situate upon
one of the said blocks on the margin of the Georgian Bay;

And

56 V., C. 61,
repealed.

1906.

THORNBURY AND COLLING WOOD.

Chap. 98

And whereas by the Act passed in the fifty-sixth year of Her
late Majesty's reign, chaptered sixty-one, intituled "An Act re-
specting an agreement entered into between the Corporation of the
Township of Collingwood and the Corporation of the Town of
Thornbury," the parties hereto agreed, among other matters, that
the said wharf and harbor should be under the joint jurisdiction
and control of the said parties, and that all expenditures in con-
nection therewith, including the maintenance, repair and re-build-
ing of the storehouse hereafter mentioned, should be borne by the
said parties in the proportions therein set forth ;

And whereas the said parties have jointly expended moneys in
the construction of a storehouse adjoining the said wharf, and in
repairs to the said wharf, and in the maintenance of the said
harbor, and the said parties of the second part have expended
considerable sums for the protection of 'said harbor in addition
to the monies jointly contributed and expended by the said parties;

And whereas the parties of the first part have agreed to grant
and release to the parties of the second part all their estate, right,
title and interest in, to and out of all the real property situate in
the Town of Thornbury, which was the property of the parties of
the first part at the time of the incorporation of the said Town of
Thornbury, including the said wharf and harbor, and also including
the said storehouse, and the parties of the second part have agreed
to release the parties of the first part from all liability in respect
of the matters set out in the agreement which forms a schedule to
the said Act, 56 Victoria, chapter 61, including all moneys
expended by the parties of the second part alone in connection with
the said, harbor, and to assume all future expenditures in connec-
tion with the said wharf, harbor and storehouse, which would
otherwise be payable by the said two corporations jointly;

And whereas the said parties have agreed that the said wharf,
harbor and storehouse shall be under the sole jurisdiction and con-
trol of the said parties of the second part, and that the parties
of the second part shall solely be subject to all duties and respon-
sibilities in respect to the same now imposed upon the parties of
the first and second parts jointly, and that the said parties of the
second part shall have the sole right to impose and collect the
tolls mentioned in the fifth paragraph of the said agreement
embodied in the said Act, 56 Victoria, chapter 61, and the said
parties hereto have agreed that the said Act, 56 Victoria, chapter
61, shall be repealed, and the agreement therein referred to and
set out in Schedule A thereto shall be rescinded ;

And whereas by the Act passed in the thirty-third year of Her
late Majesty's reign, chaptered sixty-four, intituled "An Act to
authorize the Corporation of the Township of Collingwood in the
County of Grey to construct certain works and acquire certain
lands at the mouth of Beaver River, in the said Town of Thorn1-
hury," a grant of the said lands described as parcel number one
was authorized to be made to the said Corporation of the Town-
ship of Collingwood for the purposes in the said Act set out ;

And whereas the said lands hereinbefore described as parcel
number two are unsuited for the purposes of a public park, and
are suited for buildings and yards for manufacturing and other
business purposes :

And whereas a large portion of the said lands described as parcel
number one is not and is not likely to be required for harbor
purposes or for purposes of the transportation and storage of
freight, and is suited for sites for business purposes and for manu-
facturing and other industries, and the said parties have agreed
that the said lands granted to the said parties of the first part
for a public park described as parcel number two, and so much of
the said lands described as parcel number one granted for harbor
purposes and for the purposes of the transportation and storage
of freight as may not be required for the said purposes may be
leased or sold by the parties of the second part and the proceeds

Chap. 98.

THORNBURY AND COLLINGWOOD. 6 EDW. VII

of such lease or sale applied for the general uses of the said parties
of the second part;

And whereas it is expedient that the said lands described as parcel
number three should be vested in the Thornbury Public School
Board upon the trusts in the grant thereof from the Crown set
out;

And whereas the said parties have agreed to pass such By-laws
and procure such legislation as may be necessary to render this
agreement valid and binding on them ;

Now this indenture witnesseth that the said parties hereto of
the first and second parts hereby covenant and agree each with
the other of them in manner following, that is to say :

1. The lands hereinbefore described, except parcel number three
aforesaid, and all other lands (if any) situate within the limits of
the Town of Thornbury, which were at the time of the incorpora>-
tion of the said Town of Thornbury, the property of the Township
of Collingwood are hereby declared to be and to have been since
the twenty-third day of April, 1887, the property of the parties
of the second part, and all the provisions of The Consolidated
Municipal Act, 1883, now The Consolidated Municipal Act, 1903,
so far as the same relate to the disposition of real property in the
case of the incorporation of a village, shall be taken to apply to the
incorporation of the Town of Thornbury in like manner as if the
said Town of Thornbury had been incorporated under the said The
Consolidated Municipal Act, 1883, now The Consolidated Municipal
Act, 1903, and the said Town of Thornbury shall have the same
power to sell, lease, convey, dispose of and contract in regard to
the said lands except said parcel number three and except such
portions of said parcel number one which are required for harbor
purposes, or for the purposes of transportation and storage of
freight, and every part thereof as any subject of His Majesty has
in regard to lands possessed by him in fee simple absolute, and the
said parties agree that the trusts and special purposes whereon the
grants from the Crown of the said lands were made to the said
Corporation of the Township of Collingwood be and the same are
hereby annulled, altered or modified as the case may require to
conform to this agreement.

2. And the said parties do and each of them doth hereby remise,
release and forever discharge the other of them of and from all
manner of actions, causes of action, debts, accounts, covenants,
contracts, claims and demands whatsoever, which either of them
now hath against the other or hereafter can, shall or may have
against the other for or by reason of any matter, cause or thing
in respect of the said lands, harbor, wharf and storehouse.

3. The said wharf, harbor and storehouse shall be the sole prop-
erty and shall hereafter be under the sole jurisdiction and control
of the said parties of the second part, and they shall be solely
subject to all duties and responsibilities in respect to the same
which have been imposed upon the parties of the first and second
parts jointly.

4. The said parties of the second part shall hereafter have the
sole right to impose and collect all tolls on all goods, wares, mer-
chandise and chattels shipped on board or landed out of any vessel,
boat or other craft from or upon or within the limits of the said
wharf or harbor, and also upon all logs, lumber, timber, spars
and masts going through the same or any part thereof, and on all
vessels, boats or any other craft entering the said harbor.

5. The said lands described as parcel number three shall hereafter
be vested in the Thornbury Public School Board, upon the trusts
in the grant thereof from the Crown set forth.

6. The said agreement set out in the said Act, 56 Victoria, chap-
ter 61, and the agreement of the 11th November, 1887, therein
referred to, so far as the same relates to the joint control of the

said

1906.

THORNBURY AND COLLING WOOD, Chap. 98

said wharf, harbor and storehouse are hereby declared to be
rescinded and to be replaced by this agreement

7. The said parties shall proceed at as early a date as possible
to obtain such legislation as may be necessary to confirm and
lender valid this agreement.

8. The costs of and incidental to, the preparation and execution
of this agreement, the by-haws authorizing the same, all necessary
conveyances to carry out the terms of the said agreement, and of
the said Act or Acts so to be applied for, shall be borne and paid
by the said parties in the proportion of two-thirds thereof by the
said Corporation of the Township of Collingwood, and one-third
thereof by the said Corporation of the Town of Thornbury.

In witness whereof the said corporations have respectively hereto
affixed their corporate seals and the Reeve and Mayor and Clerk
thereof respectively have set their hands.

Signed, sealed and delivered
in the presence of

S. R. McKnight,
(Corporate Seal). Reeve, Township of Collingwood.

Edward Rorke,

Clerk, Township of Collingwood.
Hy. Ped well,

(Corporate Seal). Mayor, Town of Thornbury.

Edward Rorke,

Clerk, Town of Thornbury.

CHAPTER

746

Chap. 99

CITY OF TORONTO.

6 Edw. VII

CHAPTEE 99.

An Act respecting the City of Toronto.

Assented to 14th May, 1906.

preamble. TT7HEBEAS the Municipal Corporation of the City of
u Toronto has by petition prayed for special legisla-
tion in respect of the several matters hereinafter
set forth; and whereas before the acquisition of a
site and the construction thereon of large factory
buildings by D. Conboy and Company, wholesale carriage
manufacturers, the council of the City of Toronto agreed
with the said company to apply for legislation to allow the
said council to fix the assessment of the said company for
ten years and it is expedient that the said power should
be granted ; and whereas it is expedient that the tax sales
of land in the said city and the tax deeds given in the years
1903 and 1904 should be validated for the more convenient
dealing in lands so sold; and whereas no objections have
been made to any of the by-laws referred to in schedule
"A" hereto, and no opposition has been offered to the
confirmation thereof, and it is desirable that the said by-
laws be confirmed; and whereas it is expedient to grant
the prayer of the said petition ;

Therefore His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of On-
tario, enacts as follows: —

coCa"sessyawnt ^' "^or a Per^0<^ °^ *en years from the 1st day of Jan-
uary, 1906, the Corporation of the City of Toronto may
fix at the sum of f 25, 000 the assessment of D. Conboy and
Company, wholesale carriage manufacturers, upon tb'
lands purchased by them in 1905 on the east side of th*
Don roadway north of Eastern avenue, together with such
buildings thereon as may be erected before the 1st day of
July, 1906. The said assessment of |25,000 shall include
assessment for business tax upon the value of such lands
and buildings but shall not include buildings erected
after the said 1st day of July 1906, or the assessment for

business

1906.

CITY OF TORONTO.

Chap. 99 747

business tax based thereon, and school taxes shall be
levied and collected upon the whole assessable value of the
property of the said D. Conboy and Company as though
this Act had not been passed.

2. Subsection 7 of section 1 of the Act passed in the 4» v^^s.i.
49th year of the reign of Her late Majesty, Queen Victoria, (7)' amen e
and chaptered 66, as amended by the Act passed in the

52nd year of the reign of Her said late Majesty, and chap-
tered 73, is hereby amended by adding at the end thereof the
words, "provided that, except as to the portion of the said
lands already laid out by regis.tered plan as a "road" fifty
feet wide on each side of the River Don^, the laying out of the
said lands or any part thereof as and for such public esplan-
ade or highway, or the adoption and registration of a plan
laying out the same, or the passing of any by-law authoriz-
ing the said plan or the said laying out, shall not make
the same a public highway, and the same shall not be or
become a public highway unless and until so declared by a
by-law of the council of the said corporation; and the coun-
cil of the said corporation may set apart by by-law a portion
or portions of the said esplanade or highway on the east m<entmpr ve*
side of the River Don not. marked "road" on the plan there- roadways-
of, as a speedway or place where horses may be driven or
ridden more rapidly than is permitted on the streets of the
city, and may pass by-laws for regulating and governing
the use of such portion for the aforesaid purposes, and the
passing of such by-law and the use of such lands as afore-
said shall not be or be taken as a dedication of the same as
a public highway or street." •

3. The council of the said corporation may include in g™^/ jjedica!
its estimates for the year 1906, and may grant a sum not Association,
exceeding $2,500 to be applied toward the expenses in-
curred or to be incurred in connection with the meeting

of the British Medical Association to be held in the City
of Toronto this year.

4. Section 2 of the Act passed in the fifth year of the |Edw. vn,, c.
reign of His Majesty and chaptered 83, is amended by amended,
striking out the figures "200,000." in the seventh line ^rbj^dp^e.
thereto and substituting therefor the figures "400,000." ments.

5. For the purposes of improving and adding to the Construction
value of the lands belonging to the corporation of the City siding for
of Toronto in the neighbourhood of Ashbridge's Bay, and industrie3-
to give increased facilities to manufacturers in that neigh-
bourhood, the said corporation may expend a portion of

the money authorized to be raised by section 2 of the Act,
passed in the fifth year of His Majesty's reign, chaptered
83, as amended by the preceding section in the construction
on the lands of the said corporation of a railway siding for
manufacturing industries.

748

Chap. 99.

CITY OF TORONTO.

6 EDW. VII

Agreement 6. The said corporation may enter into an agreement
tooperaiTion8 or agreements with the Grand Trunk Railway Company of
Canada, the Canadian Pacific Railway Company, or any
other railway company for the working, operation or use
of the said siding, and may, with the consent of the said
railway companies, or any of them, unite or join with its
railway at or near the said lands of the said corporation,
and may enter into agreements with owners or occupants of
lands adjoining the said siding for the use thereof upon
terms to be agreed upon, or, in case of disagreement, to be
determined by the Ontario Railway and Municipal
Board.

s. 70ofOnt. 7. For the purposes of the preceding two sections of
appiyCto siding, this Act, the said corporation shall have the powers con-
ferred upon railway companies, by section 70 of The On-
tario Railway Act, 1906, relating to "switches and sidings
to industries," but shall not in other respects be deemed to
have the powers or to be subject to the obligations of a
railway company.

3Edw. vii., c 8. Section 8 of the Act passed in the third year of the

386 s 8 • • • ■

amended. reign of His Majesty, and chaptered 86, is amended by
striking out the words "on the part of any official of
said city" in the twentieth line of the said section and
inserting in lieu thereof the words "by the said city, or
the council, or any official of said city;" provided, that
nothing in this section contained shall affect any litiga-
tion pending at the time of 'the passing of this Act.

vacated ^' sa^es °^ bands in the said city made in the years

1903 and 1904, for arrears of taxes in respect of the lands so
sold, including sales of land which may have been pur-
chased by the council of the said city or by any one on
behalf of the said council under the provisions of The,

<yndw. vii., c. Assessment Act and all tax deeds issued in pursuance of
such sales, are confirmed and declared to be and to have
been legal, valid and binding to all intents and purposes
notwithstanding any error or irregularity in the said sales
or deeds or in any of the proceedings including the assess-
ment of the said lands or proceedings to collect the taxes
thereon taken prior to the said sales and the execution of
the said deeds.

Debenture 10. The by-laws of the Corporation of the City of Toronto
confirmed. specified in Schedule "A" hereto and all debentures issued
or to be issued thereunder and all assessments made or to
be made for the payment thereof, are hereby validated
and confirmed.

11.

1906

CITY OF TORONTO.

Chap. 99 749

11. Section 5 of the Act passed in the third year of the 3 Edw. vn.,
reign of His Majesty, and chaptered 86, is amended by add- amended,
ing after the word "in" in the eighth line thereof the park^etc.
words "or within one mile of the limits of."

12. The council of the said corporation may, without Power to issue
submitting the same to the ratepayers qualified to vote On for certain pur-
money by-laws, pass such by-laws as from time to time may ^en^o/rate-
. be necessary to authorize the issue of "City of Toronto Con- payers,
solidated Loan Debentures" to such amount as may be
required to raise the sum of $220,500 for the following pur-
poses :

Wallace Avenue, steel foot bridge $ 4,500

Steel hydraulic dredge 54,000

12 in. water main on Poplar Plains Road 12,000

Enlargement of House of Industry 10,000

Completion of new St. Lawrence Market... 50,000

Cattle Market improvements 45,000

Crib work on Block "D," Harbor Square 15,000
Widening of Front Street between Bay

Street and Customs House 30,000

1220,500

and for such purposes, or any of them may issue any num-
ber of debentures payable in this Province or elsewhere in
sums of not less than f 100 each, which may be payable at
any time within forty years from the respective dates
thereof (except the debentures for the cost of the said
hydraulic dredge which shall be payable within ten
years from the date thereof), with interest thereon
in the meantime at a rate not exceeding four
per cent, per annum, payable half-yearly, and for
the purpose of redeeming such debentures and pay-
ing the interest thereunder the council of the cor-
poration of the City of Toronto may, in any by-law or by-
laws to be passed authorizing any such loan or loans, or
any part thereof, and the issue of debentures therefor,
impose a rate per annum upon all rateable real and personal
property in the said municipality over and above and in
addition to all other rates to be levied in each year, which
shall be sufficient over and above the interest payable on
such debentures to form a sinking fund to pay off the said
debentures at maturity.

SCHEDULE

Chap. 99.

CITY OF TORONTO.

6 Edw. VII

jo pouaj

o
1-1

1—1

r-H

i— i

<N~

©~

-*1

*= CO ?

P •

3 ° -B
P cu

o o
© ©
co t^-

-I-

CO i-H

-r

CO
X

CM
CO

CD _•

5 C
ftd
- o
SO

5? >>

1C 1C

0
-id

O
fe-

T3 •

a :

o3 .

u •

m .

rop

has

ft ;

co o

Ph£

CO *

S ° o o3

° -°

O *h u

P ."S

p ejHIs^-s

* .tj a "P _ co

CD -T O Sh
P CD CD

H M <2 § co
S co P p orS *

P 03

— T3 43

* a 1) o

■ . ao-t3 c o3 ti S? '

CS p C« o.TS ID <»

"as 5

CD
o3 +^

a"
£ g

CD O
pP co

o3 P
cd

CD ^

CO — H

CO Ph

c S d 6

Sop®.

; o C i) O. fc<

,9 - -9 -s o £ ^"n

03 o

ft+3

CO 02

PS o

CD
fj >
±1 *
CO ft

-W rP

5P 5
CD o3

5 3
p '3

til CD

o °

IIS

CP ^

S o

H O ^ d O

co © co co

ft'

c3 £

O) CO

■§ c

<s °

-p «

oo
cs >

co ft
«3

CD *3

jg-g

CO S

lis

P CO?

CO 5
CO t;)

£> co

CO P
•k^ Ph
03

«g
O

CO o

t^co

?3 a

ft-4J

CD CO
oj o

Pn «

GO
co

■53 ft
« £

C3 c

■P <S £"o3

«1 ^ ^ rS ^ CD _

CO CD ^ CD A ^5

P « d 03 gft g

CD CO CD O

O O O P

03 ST1 o

CD P CD

^ CD J^. *^ CD

rP i— ( e ^>t-H S. -p

*^ c3 CD 03 *^

P "3 -p 73 ^P p

o o

03
— CD

C >'
o3

CD CO ©
> ©
^- .
ft'

l§c?

g5 g

l-S p

CO ■

H ° «

03 CO

}0 -ox

CO
©

SCHEDULE

1906.

CITY OF TORONTO.

Chap. 99

JO P0T.I8J

o
©

oo"

CO
CM

p 0 >>

P u ±2

I-

CO~

CM~

esf

lo~

■*#

■*

i—(

fr»

7— 1

I-H

i-H

c©~

co~

©~

-H

i-H

i— 1

»o

1— I

T— 1

I-H

1-H

i-H

-4-2

2 K
ft g

fe-

ft"S
® g

03 0
Oh £

b5
as

as ■

a; co
+^ £

« ©

* "2
_d p
t3 as

>a OS

03 >

as Ph
o S

OS o3

as *h ©
hO gos

OS rH

, as
a to !>>
» o jj

S °rP

(D OS
>~ d

O ■*> .5

C ° «

-if

I — — Sh -

o o
P . P

a .3

as 03

45 OS
P U

HJ O

Cg QQ o

IE r*

it
03 CO

ft-0

-4J as

o3 d
« 1

OS o3
,0 ft

2 °

Oh-E

(X> CO

^ o
Ph «

CO
OJ

ojT3

- —H

t3 as

$ © eg -e
eg <<_ rH eg S

> 2 *H >rG

£ eg

«g

>->d

* d

CD CO

-S o

Ph «

IS
as

C 'eS
eg 4-3

-S as

£> as
03

CP P

■*H SH

cp eg
03 fh

£ s

CP o

CP ^3
^2 !h

OS CP

P."

as 9>
>> ^
o3 cp

as —

03 p
Ph-

as ®
^3 Si

oo as

CP 00

d o3

r^ CP

cp S es g c
as S " as ts 03

irg P

a ■

■ eg
o

as j., *^
-3P £

£ 33

7* as (p© £ as

03 0:3

as (h ^

P,'
as g

rC rH

o> > S

b 03 ft o

as l>, «

U ^rH

03 as

cp^5 g
O O
P P

as eg

o3 a;

ft-P

ast3

oj d

Ph-

as^

P 03

03S
— — OS

as as
oS
|*S
5 I-

03 ©
OS

GQ
*H '

as,,

03 4H

ft u

h2 B

P c

as 8

^ a

>* as

a a

Ti oj
ft

B p
S'J

rO t,

OS eg
P °

P *->

43 g
3

a8^

?s aso

h O e3

rH S ^

03 as

}0 -ojs[

Local

Chap. 99 city of Toronto. 6 Edw. VII

r*N

•-tea i-Qa

-*<

-4n

rVNHei

CO CO

US ©

US O

CO rH

(M O

CM ,. US

CO o

US CM

CD O

H « ■*

US o

. CM

1— 1

00 CO

■>*l

t>.

CO o

T— 1

erf

us"

co"

cnTio"

■—I

•*

r-H

I— I

l©

■tf

■*

cm"

eo_

67,2

CM US

■*

co t~-

■*

CD CO

us oo

■*

r«

©_

co co

eo_

co"

r-T

us"

rH"

ofi>."

i-T

«5

US US

o o

e»

os os

CSS
rH

OS
rH

i— i

t>T

t-~T

t>T

t~-"

co"

CNl

CS) rH

!h
eS

"m 3

P-2
co S

-H

o
co 5

•S 111
co -d

°^

CO Ph
rH

s d

d C8

*; °

§1

a « rH

73
a
S3

B 3 b

p'K'd

-° *S co _ S
^h co s- -re

D ™ 7, ri rH

c c

~- s3

S co

12 co
<= i

CO CO

-C3 d

*" 3

CO sj

12 d

0 r'~

d
d »

3 '3

CO u
*h 00

co .-2
5 Q

o.a

00 33

00- d

rd a

3 S3

gx)

rd *

d cs
o o

6X)

co d co
d-s d
<D 2 a>

<^ ^ a

^ O d

o CO +?

co co
■ co

O c^

S3 CO

''3 rd

g CD

r-1

O co >h

*h OX! r

^2 '3 CO ^h T3 3
S O o

rK *^

O 0Q r»

^ C
- « CO X

W c^ ^
d ® bud

fi i 3 oj
>rH t-'S

SO S3 H 2

d-d s3 d

3. cir=i^H
S3

rd >
MrH

^ 33 -p

O s3 0Q
CO

■ t3

53-^

d CO O
^ S3 CO ^

d a

S3 >iO ^3

CO S3 CO .
CO Oh-w d

S S.S ° «

^° ftSM col

O S3

ffi^ go g d co
gtf co d ft^fl

co jj g2c§ g'*

^g-sfciag

Sec

fH O

CO . CO rrj £

d co
^x

ox! j
+3 g d co

rd -g 03 g ^ ^

co"

§"3 9

o CO

r2 CO co

1 "3

co C

! °

d^ -
3 -d »

u 3 o

- o 03
(Br

03 ^.fn

Ph^ g

OUS^X
■H I Ph >h 5

d -gco o £

o3 .3 d >

g o d

p. O CO
r. -T ^3!

d 03 «»h o

P rl d (— , «

^ 2 * a?
c3 w a)
S» > G

o a ft d

PhW 2 °s.2
2 £"g d

- rd O B CO

CO CO

fH HH

t. t3

CO CO

>i-*H

co 43

•d »
w o

CO o

J3 oo

W) o3 =?

« o 31

CO -w co
CO re -t->

' ■ co co

d &
3 d
d o

CO u

'd = -

d -° el
E3 co.d

Ph»

^ a'3

CO d
03

3 3
^ 2

o
O

- o

o o 2
t< o o

Ph a.

S OJrH
q-d (H

all's i

o o

r-H

■<*

CO OS

CM CO

us us

-f

•* rH

SCHEDULE

1906.

CITY OF TORONTO.

Chap. 99 753

jo pouaj

> o

is 2 05

* 3 CO

n a *,

= S p

a a >,

Ogn

a-*0

cb"

oo"

co"

r-l

p»

1^.

r--

i— 1

CD"

>x?

lO~

oo oo

co"

OM
cj ^
_, o

S3 ff

TJ .
CP —

» Si
as c

CP ^

—

3° °N

48 s.

CP
X!
O

CP CP
CO G

>> u

Cj fl

* a

cT|

O m

CO.*

cp c
£ c3

cp a

CP cj

V m «
_ "S cp
r2 ox:

« o _
o cp cp

o cu

CP
CJ
CP

c a " ^

& S3 p, c
o o a eS
►3 -2^.2 "

O U

Ui CP
X! CJ

60®

.5 E

-3 cs

« C
T3

X! cp

° is

B XI

O DO

"tK

cp CP

U DC CO

3 > CP

H «> XJ
cu -e i ~

X! CS >> C

OJ >-D3
O

O CP

& o

» ft

i^a

. CP

• a

:>rs

CP CJ

X! O
«^

00 e
C3.5
XI cci
* ^,
T3 CP
X! u
O _
w G
G —
B —i

"2-S

_s a

o OC ft CP
c o S
cp ~ p

«W 3

< c« a

<xj

CP CP

— £ bQ

cpscpcl'.ti-e^u ^
•~ K cp cp o c xi

g J 8 c

cp ccj

■ .2-^

■ drs. 05

• rrt O co

coSq-o
gs-S -. X! co
c3

2 i S

a xi

aaa^g^JSsg

s *» „ <i _, S^cp

C CP
O CP fT xl

CJ o O CP CB

O -I i-q o O

P ?Tj flj ?v cp c3^-3 a O-

CO
OC
US

OS CO

io co

CHAPTER

754

Ckap. 100.

TOWN OF TRENTON.

6 EDVV. VII

CHAPTER 100.

An Act respecting the Town of Trenton.

Assented to 27th April, 1906.

Preamble .

Debentures
for $53,267.34
mi tliorized .

WHEREAS the Municipal Corporation of the Town of
Trenton has, by petition, represented that under
the authority of the Act passed in the fiftieth year of the
reign of Her late Majesty, Queen Victoria, chaptered 73,
the said Town issued debentures for $25,000, which will
mature in the year 1907, for the purpose of consolidating a
floating indebtedness; that under the authority of By-law
No. 324 of the said Town debentures were issued in the year
1899 for $28,267.34 for the purpose of developing a water
power on the Trent River, and which will mature in the
year 1909; and whereas the said Municipal Corpora-
tion, since the issue of said outstanding debentures, has
been forced to expend, with the consent of the ratepayers,
large sums of money in maintaining said developed water
power, and keeping the same in repair and available for
the purpose of inducing manufacturers to locate within the
town, and the said development has not made the expected
returns; and the said town has thereby, to a large extent,
been unable to make provision for redeeming said outstand-
ing debentures; and whereas the said corporation has prayed
that an Act may be passed authorizing the said corporation
to issue debentures to redeem the said outstanding deben-
tures ; and whereas it is expedient to grant the prayer of
said petition;

Therefore His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of On-
tario, enacts as follows: —

1. It shall be lawful for the Corporation of the Town of
Trenton aforesaid to raise by way of loan on the credit of
the debentures to be issued under the authority of this Act,

from any person or persons or body corporate, a sufficient
sum or sums to retire the said existing debentures in all
amounting to $53,267.34, exclusive of interest thereon.
48a s. 2.

1906

TOWN OF TRENTON.

Chap. 100 755

2. It shall be lawful for the said Corporation from time issue of
to time to pass a by-law or by-laws providing for the issue debenture''
of debentures under the corporate seal, signed by the Mayor

and countersigned by the Treasurer for the time being, in
such sums not less than $100 each and not exceeding in the
aggregate $53,267.34, and payable at such places as the
corporation may deem expedient.

3. The said Corporation may, for the purpose herein men- or°borro^rSeU
tioned, raise money by way of loan on the said debentures on debentures,
or sell and dispose of the said debentures from time to time

as may be deemed expedient.

4. The said debentures shall be payable in not more than Payment of
thirty years from the issue thereof, as the said Corporation andeinterest
may direct. Coupons shall be attached to said debentures

for the payment of the interest thereon, and such interest
shall be payable yearly at the places mentioned therein,
and in the coupons attached thereto; and such debentures
may bear interest at any rate not exceeding four per cent,
per annum.

5. Any debt incurred under the authority of this Act
shall be payable in thirty years at the furthest from the
date of the issuing of said debentures, and shall be payable
in equal annual instalments, including principal and inter-
est, in such manner that the amount payable and to be
raised and levied in any one year on account of principal
and interest shall be equal as nearly as may be to what is
payable and to be raised and levied during each of the other
years during the period within which the debt is to be dis-
charged.

6. The said Corporation shall levy, in addition to all Special rate-
other rates to be levied in each year, a special rate sufficient

to pay the amount falling due annually for principal and
interest in respect of the debentures authorized to be issued
under this Act to be called the "Water Power Debenture
Kate;" and it shall not be necessary to levy for or to pro-
vide any sinking fund to retire the said debentures or any
of them.

7. The said debentures and all moneys arising therefrom Application
shall be applied by the said Corporation in the redemption debentures.^
of the debentures of the Town of Trenton to the amount of
$53,267.34, and in no other manner and for no other pur-
poses whatsoever; and such debentures may be known as

the "Water Power Debentures."

8. The Treasurer of the said Town shall, on receiving in- Retirement
structions from the Council so to do from time to time, but debentures.1 "s
only with the consent of the holders thereof, call in any of

the outstanding debentures, and shall discharge the same

with

75(5

Chap. 100.

TOWN OF TRENTON.

6 Edw. VII

with the funds raised under the preceding sections of this
Act, or may, with the like consent, substitute therefor the
said debentures or any of them hereinbefore authorized to
be issued upon such terms as may be agreed upon between
the said Council and the holders of the said outstanding
debentures.

' By-law not
to be repealed
until debt
satisfied.

Assent of
electors not
required.

Treasurer
to keep
proper books
of account.

9. Any by-law to be passed under this Act shall not be
repealed until the debt created under such by-law and the
interest thereon shall be paid and satisfied.

10. It shall not be necessary to obtain the assent of the
electors of the said Town of Trenton to the passing of any
by-law which shall be passed under the provisions of this
Act, or to observe the formalities in relation thereto pre-
scribed by The Consolidated Municipal Act, 1903, or to
register or promulgate same.

11. It shall be the duty of the Treasurer for the time
being of the said Town to keep, and it shall be the duty of
each of the members, from time to time, of the said Muni-
cipal Council to procure such Treasurer to keep, and see
that he does keep, a proper book of account setting forth a
full and particular statement so that the same shall at all
times show the number of debentures which, from time to
time, shall be issued under the powers conferred by this Act,
and the respective amounts, payment of which is thereby
secured, and the time at which the said debentures shall,
respectively become due and payable, and the several
amounts which shall from time to time be realized from the
sale or negotiation of the said debentures, and the applica-
tion which shall from time to time be made of the said
amounts ; and the said book of account and statement shall,
at all times and at all reasonable hours, be open to the
inspection of any ratepayer of the said Town, and of any
of the holders, from time to time, of the debentures which
sball be issued under the powers hereby conferred or any
of such debentures.

Form of
debentures.

Inconsistent
enactments
not to apply.

12. The said debentures issued under this Act may be in
the form contained in schedule "A" to this Act, and the by-
laws authorizing the same may be in the form of schedule
"B" to this Act.

13. Any provisions in the Acts respecting municipal insti-
tutions in the Province of Ontario which are or may be
inconsistent with the provisions of this Act shall not apply
to the by-law or by-laws to be passed under the provisions
of this Act, and no irregularity in the form of the said
debentures or any of them authorized to be issued by this
Act, or of the by-law or by-laws authorizing the issue
thereof, shall render the same invalid or illegal or be
allowed as a defence to any action brought against the Cor-

poi at ion

1906.

TOWN OF TEENTON.

Chap. 100 757

poration for the recovery of the amount of the said deben-
tures and interest, or any or either of them, or any part
thereof, and the purchaser or holder thereof shall not be
bound to enquire as to the necessity of passing such by-laws
or issue of debentures or as to the application of the pro-
ceeds thereof.

14. This Act may be cited as The Town of Trenton Deben- short title.
ture Act, 1906.

SCHEDULE "A."
(Section 12.)
Debenture.

Province of Ontario, Town of Trenton

No. $

Under and by virtue of The Town of Trenton Debenture Act, 1906,
and By-law No. of the corporation of the Town of Trenton,

passed under the provisions contained in the said Act, the corpora-
t on of the Town of Trenton promises to pay the bearer at

in the sum of

on the day of A.D.

and the yearly coupons hereto attached, as the same shall severally
become due.

Dated at Trenton, m Hie County of Hastings, this day
of A.D.

Mayor.
Treasurer.

SCHEDULE "B."
(Section 12.)
By-Law.

By-law No. to authorize the issue of debentures under

the authority of The Town of Trenton Debenture Act, 1906.

Whereas the said Act authorizes the issue of debentures for the
purposes therein mentioned not to exceed $53,267.34 in the whole
as the corporation of the Town of Trenton may in pursuance of
and in conformity with the provisions of the said Act direct ;

And whereas for the purposes of the said Act it is necessary and
expedient to issue debentures to the extent of $ payable
with interest thereon at the rate of
per centum per annum, payable yearly according to the
couDons to the said debentures attached ;

And whereas the amount of the whole rateable property of the
said Town of Trenton, according to the last revised assessment roll
of the said town being for the year was $

Therefore the municipal corporation of the Town of Trenton enacts
as follows: —

1. Debentures under the said Act and for the purposes men-
tioned therein to the extent of $ are hereby authorized
and directed to be issued.

2. The said debentures shall have coupons attached thereto for the
payment of interest at the rate of per centum per
annum, payable yearly on the day of

in each year.

This by-law passed in open council this day of

in the year of our Lord

CHAPTER

Chap. 101.

TOWN OF WALLACEBt'BG. 6 EDW. VII

CHAPTER 101.

An Act to consolidate the Floating Debt of the Town
of Wallaceburg.

Assented to 14th May, 1906.

WHEREAS the corporation of the Town of Wallace-
burg has, by petition, represented that the said cor-
poration has incurred a floating debt amounting to the sum

of 125,000, as set out in Schedule "B" hereto; that $19,-
414 of the said floating debt is due and owing to the Bank
of Montreal, being moneys borrowed from time to time to
pay the cost of certain extensions and improvements to
schools, the construction of concrete sidewalks and sewers,
repairs to the two iron bridges across the river Sydenham
and other necessary and permanent improvements, and also
expenses in connection with an epidemic of smallpox ; that
to liquidate the said floating debt forthwith in addition to
meeting the necessary annual expenditure of the said town
would be unduly oppressive to the ratepayers ; that the coun-
cil of the said corporation did on the 5th day of March,
1906, submit By-law No. 122 of the said town, set out as
Schedule "A" hereto, to the qualified electors of the said
town for the purpose of consolidating the said floating debt
when 72 electors voted for the said by-law, and 68 agarr-"4
the same ; and whereas the said corporation has further re-
presented that since the passing of The Assessment Art,
1904, doubts have arisen as to whether the Wallaceburg
SugF>r Company, Limited, are liable to business assessment
"ji addition to the taxes to be paid by the said company
under and in pursuance of the terms of the Act passed in
the first year of His Majesty's reign, chaptered 74, and oi
the by-law of the said corporation set out as Schedule "A"
to +ko paid Act; and whereas it was the intention that th*
said company should not pay any taxes other than as pro-
vided by the said Act and by-law and the agreement made be-
tween the said corporation and the said company in pur-
suance of the said by-law; and whereas it is desirable to
remove any doubt and to declare that the said company
shall be exempt from any business assessment during the
remaining' years of the period of ten years covered by the

said

1906.

TOWN OF WALLACEBURG.

Chap. 101

759

said Act and the by-law therein set out; and whereas the
said corporation has prayed that an Act may be passed to
confirm the said By-law No. 122, and to exempt the Wal-
laceburg Sugar Company, Limited, from business assess-
ment during the remainder of the period of ten years as
aforesaid ; and whereas it is expedient to grant the prayer
of the said petition ;

Therefore His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of On-
tario, enacts as follows: —

1. By-law No. 122 of the Municipal Corporation By-law No. 122
of the Town of Wallaceburg, as set forth in Schedule "A" Wallacebnri;
to this Act, is declared legal, valid and binding upon theconfirmed'
said municipal corporation in the same manner and to the
same extent as if set out at length and incorporated in this
Act, and notwithstanding any want of jurisdiction in the
said municipality to pass the said by-law, and notwithstand-
ing any defect in substance or in form in the said by-law or
in the manner of passing the same.

2. It shall be lawful for the said municipal corporation issue of

of the Town of Wallaceburg to raise by way of loan the sum $25,om ami' ' r-
of |25,000 on the credit of the debentures issued or to be ized-
issued under and pursuant to the provisions of the said by-
law, and repayable in the manner and at the times therein N
provided.

3. The said debentures and all monies arising therefrom Application of
shall be applied by the said corporation in payment of the debemures'.
said floating debt of $25,000, and in no other manner and

for no other purpose whatsoever.

4. Notwithstanding anything contained in The Assess- waiiacebnrp
ment Act or any other Act to the contrary, the Wallace- Sptfrom'56
burg S\;gar Company, Limited, shall be exempt from busin- business

ess assessment, under The Assessment Act, for the remain-
der of the period of ten years, including the year 1906, men-
tioned in the Act passed in the first year of His Majesty's
reign, chaptered 74, and in the by-law set out as Schedule
"A" thereto.

5. The Corporation of the Town of Wallaceburg shall
in each year levy the rates necessary for payment of the for current
current annual expenses of the municipality, and of the Without
interest and principal of debts heretofore contracted, in- .,
eluding the floating debt consolidated by this Act, but shall
not incur any further debt or liability without the sanction
of the Legislature, and any debt or liability (beyond the
current annual expenses) hereafter contracted without the
^auction of the Legislature shall be void and of no effect

Chap. 101. TOWN OF WALLACEBUE.G. . 6 EDW. VII

as against the said corporation, and every member or offi-
cer of the said corporation who shall authorize or join in
authorizing or carrying out any such debt or liability shall
be held civilly liable for the full amount thereof.

SCHEDULE A.
By-Law No. 122.

A by-law for the purpose of consolidating the floating debt of the
Town of Wallaceburg.

Whereas it is expedient .and considered necessary by the council
of the corporation of the Town of Wallaceburg to raise by the sale
of debentures of said town a certain sum of money to pay off the
now existing floating debt of the said town, which now amounts
to the sum of $25,000.00;

And whereas in order to pay off such debt it will be necessary
to raise by sale of debentures of said town the sum of $25,000.00,
to be repaid in thirty equal annual instalments, including inter-
est, and that said debentures shall bear interest at the rate of
4£ per cent, per annum, and that each instalment of principal
and interest shall be of such amount that the aggregate amount
payable in any one year shall be equal as nearly as may be to
what is payable for principal and interest during each of the other
years of such period ;

And whereas it will require the sum of $1,534.78 to be raised
annually from all the rateable property in the said town during
the currency of said debentures for paying said debt and interest ;

And whereas the amount of the whole rateable property of the
Town of Wallaceburg, according to the last revised assessment roll
of said town, being for the year 1906, amounts to $766,228.03 ;

And whereas the existing debenture debt of the municipality
of the corporation of the Town of Wallaceburg amounts to
$98,409.17. and no part of the principal or interest is in arrears ;

And whereas of such debenture debt the sum of $1,925.82 con-
sists of public school debentures ;

Now, therefore, the municipal council of the Town of Wallace-
burg enacts as follows: —

1. That the sum of $25,000.00 shall be raised by way of loan
from some person or persons or body corporate who may be willing
to advance the same for the purpose hereinbefore recited, and that
the sum, and interest at the rate of 4£ per cent, per annum, shall
be repaid in thirty equal annual instalments, of $1,534.78 each,
including interest.

2. That for the purpose aforesaid and for securing the said sum
of $25,000.00 and interest the mayor of the said Town of Wallace-
burg is hereby authorized for and on behalf of the corporation of
the Town of Wallaceburg, to be caused to be issued debentures
in the sum of not less than ($100) one hundred dollars each, and
cause the seal of the said corporation to be attached thereto, and
such debentures shall be signed by the said mayor and counter-
signed by the treasurer of the municipality, and that said deben-
tures shall have coupons attached for the payment of interest.

3. That said debentures shall be payable respectively in thirty
equal annual instalments, including interest, of $1,534.78 each from
the day of the date of such debenture upon presentation at the
Bank of Montreal at Wallaceburg.

4. There shall be raised and levied in each year by special rate
upon all the rateable property in the said corporation of the Town

1906.

TOWN OF WALLACEBURG.

Chap. 101

of Wallaceburg a sufficient sum to discharge each debenture and
interest coupons as the same shall become due and payable.

5. That this by-law shall take effect on the 16th dav of March,
1906. '

6. That the votes of the ratepayers entitled to vote on by-laws
in the corporation of the Town of Wallaceburg shall be taken on
this by-law at the following time and places, that is to say, on
Monday, the 5th day of March. 1906, when a poll will be opened
at nine o'clock in the forenoon and continue open until five o'clock
in the afternoon of the same day in the following places named: —

St. Andrew's Ward, at the Town Hall, James Beattie, deputy
returning officer. •

St. George's Ward, at the Fire Hall, H. E. Johnson, deputy re-
turning officer.

St. James' Ward, at Harry Martin's Shop, Harry Martin; deputy
returning officer.

7. On Saturday, the 3rd day of March. 1906. the mayor shall
attend at the clerk's office, at 8 o'clock p.m., to appoint, and shall
appoint, persons to attend the following places and at the final
summing up of the votes by the clerk respectively on behalf of the
persons interested in and promoting or opposing the passing of this
by-law.

8. The clerk of the council of the corporation of the Town of
Wallaceburg shall attend at li is office in the said corporation at
10 o'clock in the forenoon on Tuesday the 6th day of March, 1906,
and sum up the number of votes given for and against this by-law.

Passed in open council this 16th day of March, 1906.

Received the assent of the ratepayers the 5th day of March. 1906.

(Seal.)

(Sgd.) H. A. Stonehouse,

Mayor.
(Sgd.) H. E. Johnson,

Clerk.

SCHEDULE B.

Statement of the Floating Debt of the Town of Wallaceburg.

Notes due Bank of Montreal $19,414

County rate for 1905, unpaid 735

Separate school requisitions for 1905, unpaid 1,200

Public school requisitions for 1905, unpaid 1,698

Interest on above debt until sale of debentures 300

Expenses of Special Act 225

Discount on sale of debentures 500

Cost of special audit, and other accounts of 1905,

outstanding 1,000

$25,072

CHAPTER

762

Chap. 102.

TOWN OF WELLAND.

6 EDW. VII

CHAPTER 102.

An Act respecting- the Town of Welland and
M. Beatty & Sons, Limited.

Assented to 27tJi April, 1906.

preamble. \17 HEREAS the Municipal Corporation of the Town of
VY Welland, have by petition prayed that an Act may
be passed to ratify, confirm and legalize by-law No. 199
of said Corporation entitled "A By-law providing that the
assessment of the lands and premises hereinafter described
be fixed at |10,000 per annum for the period of twenty
years"; and whereas the said Corporation has represented
that M. Beatty & Sons, Limited, have acquired and taken
over the business of M. Beatty & Sons, Manufactur-
ers of Dredges, Machinery and contractors plant gen-
erally, and who for many years have successfully
carried on said business in Welland, employing a
large number of skilled mechanics and others,
paying out in wages $35,000 to $40,000 annually,
that the business of said company has increased to such an
extent that it is necessary for them to remove their plant
to a new site and erect new buildings having three or four
times the capacity of the present works and that for this
purpose the company have purchased about eiffht acres of
vacant land along the Welland Canal, in the said Town of
Welland, which land is now assessed at less than $1,000,
on which they propose to erect said new plant and works;
and whereas the enlargement of the said industry will
greatly benefit the citizens of the said Town by increas-
ing the value of property and by giving employment to
many young men who otherwise will be obliged to leave
home to seek employment elsewhere ; and whereas a poll
was held on 11th Aiigust, 1905, for taking the votes of the
ratepayers entitled to vote on the said by-law and a poll
book prepared containing the names of all persons so enti-
tled, amounting to four hundred and seventy-three names
of persons so entitled to vote and at said election or poll
four hundred and forty-three persons so entitled to vote
polled their votes in favour of said by-law and only five per-
sons

TOWN OF WELLAN I K Chap. 102 763

sons recorded their votes against said by-law, shewing as a
result that the ratepayers were practically all in favour of
said by-law ; and whereas no opposition has been offered to
the confirmation of the said by-law; and whereas it is
expedient to grant the prayer of the said petition ;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows; —

1. Subject to the provisions of section 2 hereof , By-Jaw No .199
By-law No. 199 of the municipal corporation of the ^°Jn7^n.
Town of Welland, set forth in Schedule "A" to this Act firmed.

is hereby confirmed and declared legal and binding for all
purposes, on the said Town of Welland, and the ratepay-
ers thereof notwithstanding anything in any Act to the
contrary.

2. Notwithstanding anything contained in the said by- Property not to
law, the lands and property mentioned therein shall be sub- FocaHmprove-
ject to taxation for all local improvement works and "^re-
assessments as if the said by-law had not been passed.

SCHEDULE A.

By-Law No. 199.

A By-law providing that the assessment of the lands and property
hereinafter described be fixed at $10,000 per annum for the
period of twenty years.

Whereas M. Beatty & Sons, Limited, have represented that the
soid company are now seized of the lands and premises hereinafter
described, and that a large sum of money will be expended by the
said company upon the said lands in erecting buildings thereon
and installing therein the plant and machinery for carrying on
the manufacturing of dredges, machinery and contractor's plant
generally ;

And whereas the said company have requested that a by-law be
passed providing that the annual assessment of the said lands
and other property be fixed at not more than the sum of $10,000
each year for the period of twenty years, to be computed from tfie
first day of January, 1906;

And whereas it appears expedient to accede to said request. Be
it. therefore, enacted by the municipal council of the corporation
of the Town of Welland :

1. That all and singular these certain parcels or tracts of land
and premises situate, lying and being in the Town of Welland,
in the County of Welland, Province of Ontario, containing by
admeasurement about eight acres, more or less, being butted and
bounded as follows, that is to say : Bounded on the north by Crow-
land Street, on the east by Muir Street and Front Street (a con-
tinuation of Muir Street), on the south by a line drawn parallel
with the southern boundary of the road allowance between the
fifth and sixth concessions of the Township of Crowland and one
hundred and thirty-two feet (132) south of said southerly boun-
dary, and on the west by the Welland Canal, saving and except-
ing thereout the property of Harry W. Boyd, together with all

buildings.

764

Chap 102.

TOWN OF WELL AND.

6 EDW. VII

buildings, stock-in-trade, plant, machinery, fixtures and material*
now or hereafter thereon or therein and all other personal property
on said lands owned by M. Beatty & Sons, Limited, for the period
of twenty years, to be computed from the first day of January,
1906, shall be annually assessed for all purposes "en bloc" at the
sum of $10,000, and no more, as a fixed assessment, and said lands
and premises and property shall be for such time exempt from
any special assessment for any improvements or works of that class
of improvements or works, where the costs thereof or any part
thereof is or would otherwise be charged against the lands specifi-
cially benefitted thereby.

2. In case any part or parts of said lands shall be used for the
purposes of dwelling houses or for any purposes not connected with
the business of the company, such part or parts when and so long
as used for such purposes shall be assessed as if this by-law had
uot been passed, and in the event of the destruction of the build-
ings to be erected on said property, or any part thereof, so that
the value of the same with the said lands and other property shall
not be equal to the said sum of $10,000, an assessment will be
made while such value is under $10,000, as if this by-law had not
been passed.

3. The assessor and other officers making such assessment are
hereby authorized to so make their assessment and returns as to
conform to the provisions of this by-law.

4. Application shall be made by the municipal corporation or
the said company to the Legislature of the Province of Ontario
to confirm this by-law, and to carry the provisions thereof into
effect, and if such application be made by the company the munici-
pal corporation will give its consent thereto.

5. The votes of the duly qualified electors of the Town of Wel-
land shall be taken on this by-law on Friday, the eleventh day of
August, next, at the following places and before the following
deputy returning officers, commencing at the hour of nine o'clock
in the forenoon and ending at the hour of five o'clock in the after-
noon of the same day, that is to say : Polling division No. 1, at
the town hall, and George Wells shall be the deputy returning offi-
cer; polling division No. 2, at Ellsworth's shop, and John McCaw
shall be the deputy returning officer ; polling division No. 3, at
Swart's harness shop, North Main Street, and W. F. Swarts shall
be the deputy returning officer ; polling division No. 4, at Beatty's
paint shop, and L. V. Garner shall be the deputy returning offi-
cer.

6. The twelfth day of August, 1905, at the hour of eleven o'clock
in the forenoon, at the office of the town clerk, are hereby fixed as
the time when and the place where the clerk will sum up the num-
ber of votes given for and against the by-law.

7. The tenth day of August, 1905, at the hour of eleven o'clock
in the forenoon, at the office of the town clerk, are hereby fixed
as the time and place for the appointment of the persons to attend
at the various places and a final summing up of the votes by the
clerk, respectively, on behalf of the persons interested in the pro-
motion or opposing the passing of the by-law specified.

Passed in council this 14th day of August, 1905.

G. W. Sutherland,

Mayor.

(Seal).

H. W. Boyd,

Clerk.

CHAPTER

1906.

TOWN OF WELLAND.

Chap. 103 76.)

CHAPTER 103.

An Act to confirm By-law number 198 of the Town
of Welland.

Assented to 27th April, 1906.

WHEREAS the Plymouth Cordage Company of North Preamble.
Plymouth, Massachusetts, U.S.A., the owners of an
immense manufacturing plant there, manufacturing all
kinds of cordage decided to locate a branch of its busi-
ness in the Town of Welland, in the County of Welland,
and build an immense plant and a great number
of buildings and employ several hundred hands, pro-
vided the said Town would fix its assessment for a
period of twenty years at the sum of $20,000, and whereas
the said Town, realizing the importance and benefit of such
an industry to the Town and locality and Province at large,
deemed it advisable to do so as set out in the by-law in
Schedule "A" hereto, provided the electors would consent
thereto; and whereas the said by-law set out in Schedule
"A" hereto was duly read a first and second time in council,
and on the 11th day of August, 1905, was submitted to the
electors and ratepayers of said town in accordance with the
provisions of The Municipal Act, and carried practically
unanimously, there having been out of a total number
of 449 votes polled, 448 in favour of and only one against
said by-law, the total number of ratepayers entitled to vote
on said by-law being 473; and whereas said by-law was on
the 14th August, 1905, finally passed by the council of the
said town; and whereas no application has been made to
quash or set aside the said by-law ; and whereas the term of
years of said fixed assessment is perhaps longer than author-
ized by the said Municipal Act ; and whereas it is considered
necessary that said by-law should be confirmed; and the
Corporation of the said Town has petitioned that an Act
may be passed for that purpose ; and whereas it is exepdi-
ent to grant the prayer of the said petition ;

Therefore His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of Ontario,
enacts as follows :

766

Chap. 103.

TOWN OF WELLAND.

6 EDW. VII

By-law No. 198 1. Subject to the provisions of sections 2 and 3 hereof,
w^and.'con- By-law Number 198 of the Municipal Corporation of the
tinned. ' Town of Welland, set forth as Schedule "A" to this Act,
is legalized, confirmed, and declared to be legal, valid
and binding, notwithstanding anything in any Act con-
tained to the contrary.

Lands used for 2. Notwithstanding anything contained in the said by-
peurposesfletc.. law> 80 much of the lands mentioned therein, including
ciiid'ed^fixed buildings, erections and improvements thereon, as are now
assessment." or may hereafter be used or occupied for residential pur-
poses, or for the purpose of carrying on the business of a
retail merchant, or for purposes other than the manufactur-
ing business of the said Company, shall be assessed and be
liable to taxation in the same manner and to~the same ex-
tent as if the said by-law had not been passed.1

Lands to be 3. Notwithstanding anything contained in the said by-
improvements1 law> the lands mentioned therein shall be liable to assess-
ment and taxation for local improvement works in the same
manner and to the same extent as if the said by-law had
not been passed.

SCHEDULE "A."

By-law Number 198.

A By-law fixing the assessment of the property of the Plymouth
Cordage Company in the Town of Welland, for a period of
years, and providing water in connection therewith, and for
fire protection, and a sewer as far as the lands of the said Com-
pany.

Whereas the said the Plymouth Cordage Company has signified
its intention of locating in the said Town of Welland upon the lands
hereinafter mentioned, upon certain conditions, namely, that the
said lands and the property of the said company thereon shall be
assessed at $20,000.00 a year for the next twenty years, and the said
company shall be supplied to its premises, free of charge, during
such period, such water as it may require, in connection with its
premises, and for fire protection, and that a sewer shall be pro-
vided as far as its said lands ;

And whereas the said the Plymouth Cordage Company will erect
on said lands a large plant costing a large sum of money, and will
employ a large number of hands, and pay out a large sum of money
annually in wages, and the effect of this will be to materially
increase the population of the town., enhance the value of real
estate, and produce a greater revenue for the town, and the circu-
lation of a large sum of money yearly, and it is most desirable and
reasonable to grant what the said company has asked to promote
the interests of and develop the town to the benefit of everyone;

And whereas it is necessary to construct a sewer along South
Main (or Muir) Street southwards from the corner of said street
and Griffith Street, where the present sewer ends, as far as the said
lands of the said company, and such sewer will require to be a little
larger than it would ordinarily require to be, and will cost the
town for such large sewer only about $1,500.00 over and above what
will be chargeable against the property fronting on said South
Main (or Muir) Street, or benefited thereby as for an ordinary
sower ;

And

1906.

TOWN OF WELLAND.

Chap. 103

And whereas it is necessary to raise on the credit of said town
the said sum of $1,500.00, and that sum is the debt intended to be
created by this by-law.

And whereas the whole rateable property in said Town of Wel-
land, according to the last revised assessment roll of said town,
being for the year 1905, is $707,943.00;

And whereas the existing debenture debt of the municipality of
said town is $96,729.28 (of which amount $48,000.00 is for water-
works, the net income for which is sufficient to pay all interest on
the cost thereof) of which no part of the principal and interest is
in arrear ;

And whereas it will require the sum of $194.25 to be raised
annually by special rate levied on all the property of the said town
for a period of ten years, the currency of the debentures to be
issued under and by virtue of this by-law ;

Therefore the municipal council of the corporation of the Town
of Welland enacts as follows :

1. The lands of the Plymouth Cordage Company, situated in the
Town of Welland, and being composed of block "U" and lots Nos.
3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, as
shown on A. Williams' plan, registered in the registry office for the
County of Welland as number 33, and lots Nos. twenty-four to
thirty-nine, inclusive, lots 73 to 90, inclusive, the rear parts of lots
numbers ninety-three, ninety-four, ninety-five and ninety-^six south
of the southerly limit of lot number twenty-three produced west-
wards in a straight line to meet the southerly limit of lot number
ninety-one, lots numbers ninety-seven to one hundred and thirty-
six, inclusive, except lot one hundred and thirty, according to the
surveyor, map or plan of thal^ part of lot number twenty-six in the
sixth concession of the Township of Crowland made by Henry T.
Ross, Esq., P.L.S., for Adolphus Williams, registered in the regis-
try office for the said County of Welland on 11th of February, 1878,
as number 3, for said Town of Welland, and such streets now shown
on said plans, or that may be hereafter opened, as may be here-
after closed, and conveyed by said corporation to said company, and
all that portion of lots numbers 23, 24, 25 and 26 in the sixth con-
cession of the Township of Crowland, in the County of Welland,
contained within the following boundaries: Commencing at the
point of intersection of the present south limit of the Town of Wel-
land with the west limit of South Main Street, thence east in the
jaid south limit twenty-one chains and fifty links, more or less,
to the allowance for road between said lots number twenty-four
and twenty-five, thence north in the west limit of said road allow-
ance and present east limit of the Town of Welland twenty-five
chains and eighty links, more or less, to the north side of the road
allowance between the fifth and sixth concessions of Crowland,
thence east in the north limit of said road allowance and present
south limit of the Town of Welland nineteen chains and fifteen
links, more or less, to the west limit of the right of way of the
Welland division of the Grand Trunk railway, thence south two
degrees east in the said west limit forty-eight chains and forty
links, more or less, to the right of way of the Canada Southern
railway, thence in a north-westerly direction in the northerly limit
of the said right of way and crossing the allowance for road between
said lots numbers twenty-four and twenty-five twenty-one chains
and fifty links, more or less, to the west limit of said road allow-
ance, thence north in the west limit of said road allowance eighty-
seven links, more or less, to a point on line with the right of way
of said railway in lot twenty-five, thence in a northwesterly direc-
tion in the north limit of said right of way and crossing South
Main Street twenty-two chains and ten links, more or less, to the
west limit thereof, and thence north fifty minutes east in the west
limit of Main Street South thirteen chains and ten links, more or
less, to the place of beginning, and such streets or roads contained

within

Chap. 103.

TOWN OF WELLAND.

6 Edw. VII

within said boundaries as may be hereafter closed and conveyed
by said corporation to said company, and all buildings and erec-
tions that may be erected or made thereon for or in connection
with the manufacturing purposes of said company (except the
buildings on and those parts of said lands that may be used for
residential purposes) and the plant, appliances, machinery, tools
and other personal property of the company on said lands, which
may not now, but may, possibly, become liable to taxation, shall be
assessed annually for the next twenty years from the final passing
of this by-law at the sum of $20,000.00 for all municipal purposes,
except school taxes.

2. That the said Plymouth Cordage Company shall be supplied
to its premises by this corporation, free of charge, such water as
and when during the period of the said twenty years that the said
company may require it, in connection with the said premises
(not to exceed daily, however, five thousand gallons) and for fire
protection.

3. That it shall be lawful for the mayor of the said corporation
and he is hereby authorized to borrow the sum of $1,500.00 in
connection with the construction of a tile sewer along South Main
(or Muir) Street southwards from the corner of said street and
Griffith Street where the present sewer ends as far as the said lands
of the Plymouth Cordage Company, and to sign and issue deben-
tures of the said corporation for that amount in sums of not less
than $100.00, each payable at the end of each year of the term
of ten years, from the first day of January, 1906, and to bear inter-
est at the rate of five per cent, per annum, payable half-yearly on
the first days of July and January in each year, at the place where
the said debentures are made payable, namely, at the office of the
treasurer of the said corporation, the said debentures to be sealed
with the seal of this corporation, and to be signed by the mayor
and treasurer.

4. That there shall be raised and levied annually by a special
rate on all the rateable property in the said town the following
sums for the payment of principal and interest, respectively, dur-
ing the currency of the said debentures.

Year.

Interest.

Principal.

Total.

1st

$75 00

$119 25

$194 25

2nd

69 02

125 25

194 25

3rd

62 77

131 48

194 25

4th

55 20

138 05

194 25

5th

49 29

144 96

194 25

6th

42 04

152 21

194 25

7th

34 44

159 81

•194 25

8th

26 44

167 81

194 25

9th

18 06

176 19

194 25

10th

9 24

185 01

194 25

442 50

$1,500 00

$1,942 50

5. That this by-law shall take effect on, from and after the final
passing of this by-law.

6. The votes of the electors of the said Town of Welland shall
be taken on this by-law at the hour of nine o'clock in the forenoon,
continuing until five o'clock in the afternoon, Friday, the 11th
day of August, A.D. 1905, by the following persons as deputy return-
ing officers, and at the following places:

Ward one, town hall, by Geo. Wells.

Ward two, George Ellsworth's shop, Hellem's Avenue, by Jno.

McCaw.

Ward three, Swartz's shop, North Main Street, by W. F. Swartz.
Ward four, Beatty's paint shop, North Main Street, by L. V.
Garner.

1906.

TOWN OF WELLAND.

Chap. 103

7. That on Thursday, the J 0th day of August, 1905, the mayor
shall attend at the council chamber, in the town hall, in the said
Town pf Welland, at eleven o'clock in the forenoon, and appoint
in writing, signed by him, one person to attend at each polling
place on behalf of the persons interested in and desirous of pro-
moting the passing of this bylaw, and a like number on behalf of
the persons interested in and desirous of opposing the passing of
this by-law, and two persons to attend at the final summing up of
votes by the clerk of the municipality on behalf of the persons inter-
ested in and desirous of promoting or opposing the passing of this
by-law.

8. That the clerk of the municipality shall attend at the
said town hall at the hour of twelve o'clock, noon, on Saturday,
the 12th day of August, A.D. 1905, to sum up the number of votes
given for and against this by-law.

Read a third time and passed in council this 14th day of August,

A.D. 1905.

(Seal.)

Henry W. Boyd,
Clerk.

George T. Sutherland,

Mayor.

49 s.

CHAPTER

770

Chap. 104. POLICE VILLAGE OF WEST LOENE. 6 Ed\V. VII

CHAPTER 104.

An Act respecting" the Police Village of West Lome.

* t Village of West Lome has by petition represented
that certain permanent improvements in the nature of
granolithic or cement sidewalks as set out in By-laws
Numbers 9, 10 and 11 in Schedule "A" hereto were con-
structed as local improvements on petitions under sec-
tion 664 and following sections of The Consolidated
Municipal Act, 1903, on the leading and principal busi-
ness streets in the said Police Village to be paid for as
follows : 40 per cent, of the cost thereof by special front-
age rates charged against the property abutting on the
said improvements and the balance, 60 per cent., by the
Police Village at large as provided for in section 678 of
the said Act; and whereas the said Board has by the said
petition shown that is is questionable, so far as the works
mentioned in said By-law No. 11 are concerned, whether
they have any authority to issue debentures to pay for
the same notwithstanding the amendments to section
752 of the said Act made by sections 44 and 45 of The
Municipal Amendment Act, 1905, on account of said
works having been constructed prior to the incorporation
of the said Board, and further, whether they have any
actual right to levy rates or make assessments for pay-
ment of the cost of any of the said works ; and whereas
the said Board also show by said petition on account of
its having no power to collect any taxes, levies or assess-
ments that it will be impossible for it to sell its deben-
tures to be issued to raise money to pay for such works
unless such debentures are guaranteed by the Corporation
of the Township of Aldborough and on application to the
council of the said Township the said Corporation agreed
to guarantee the same and passed its By-law No. 892 as
set out in Schedule "A" hereto, but only on condition
that the said by-laws of the said Board and the by-law of
the said township and the assessments and levys therein

Assented to 27th April, 1906.

Preamble.

Trustees of the Police

49a s.

were

1906.

POLICE VILLAGE OF WEST LORNE. Chap. 104

771

were validated and confirmed by Act of Parliament as in
said by-law appears ; and whereas the said Board has further
represented by the said petition that the debentures to be
issued under the said by-laws can be more advantageously,
readily and profitably disposed of by consolidating the
same and have provided therefor by By-law No. 12 set out
in Schedule "A" and by confirming all the said by-laws
and have by their petition prayed that an Act may be
passed whereby the said by-laws and the levies, assessments
and debentures therein provided for may be validated and
confirmed ; and whereas it is expedient to grant the prayer
of the said petition.

Therefore His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. By-laws Numbers 9, 10, 11 and 12 of the Board of By-laws nos. s,
Police Trustees of the Police Village of West Lome and poiic/vfiiage f
By-law No. 892 of the Corporation of the Township of ZUfgJf™-
Aldborough set out in Schedule "A" hereto, together No. 892^
with all debentures to be issued thereunder and all the Aldborough
levies and assessments therein made for payment thereof ('onfirmed"
are confirmed and declared to be legal, valid and binding

and it is hereby declared that the making of such levies
and assessments was and is within the power of the said
Board.

2. The lands abutting on the said several works and What Lands
sidewalks as set out in the said by-laws of the said Board, rates!
numbers 9, 10 and 11, are charged with the several rates

and assessments set out in the said by-laws and schedules
thereto to be levied and collected as other municipal
taxes.

3. Where the words "collector" and "collector's roll" J&J^f^1,,
appear in the said by-laws the same shall mean the "col- and •• coiiec-
lector" and "collector's roll" of the Corporation of the tor's RoH "
Township of Aldborough until such time as the said Police
Village may become incorporated as a separate municipal-
ity in which case such words shall mean the "collector"

and "Collector's roll" of such separate municipality.

4. In case the said Police Village be erected into a collection
separate municipality it shall levy and collect the said application
rates and assessments and use all such monies so collected of mon,es
solely for the payment of the debentures to be issued

under said by-laws, and for no other purpose soever, and
should the Corporation of the Township of Aldborough
be called on to pay any monies under their guarantee of
the said debentures hereinafter mentioned they shall be
entitled, forthwith after demand, to recover the same

against

772

Chap. 104. POLICE VILLAGE OF WEST LORNE. 6 Ed\V. VII

Guarantee of
debentures by
Township of
Aldboiough.

Irregularity in
form not to
invalidate.

against such municipality with interest at the legal rate
from the date of such demand in any court of competent
jurisdiction.

5. The debentures to be issued under the said by-laws
may be issued with or without interest coupons as the said
Board of Police Trustees may decide and the Corporation
of the Township of Aldborough shall guarantee the same
which guarantee may be in words following: "Under the
provisions of The Consolidated Municipal Act, 1903, Sec-
tion 752 as amended by Sections 44 and 45 of The Muni-
cipal Amendment Act, 1905, and the provisions of (this
Act referring to it) and in pursuance of By-law No. 892
of the Corporation of the Township of Aldborough, the
said Coloration of the Township of Aldborough hereby
guarantees the payment both of the principal and interest
secured by this debenture according to the tenor thereof to
the legal holder or holders of this debenture" or words
to that effect, which guarantee may be printed across the
face of said debentures and shall be signed by the Reeve
and Clerk of the Corporation of the Township of Ald-
borough and sealed by the said clerk with the corporate
seal of said Township.

6. No irregularity in the form of the said debentures
authorized to be issued under this Act or the guarantee
thereof by the Township of Aldborough, or of the by-laws
authorizing the same or in the execution of such deben-
tures or guarantee shall render the same invalid or
illegal.

SCHEDULE "A." , •

By-law No. 892.

To authorize the guaranteeing of debentures to be issued by the
Board of Police Trustees of the Police Village of West Lome,
for local improvements.

Whereas by section 752 of The Consolidated Municipal Act, 1903,
the Board of Police Trustees, after incorporation have power to
pass By-laws for the construction of improvemnts and services to
be paid for by local rates as mentioned in section 664 and follow-
ing sections of the said Act, and by the provisions of the Muni-
cipal Amendment Act of 1905 the said Board shall possess all the
powers and perform all the duties appertaining to the council of
an incorporated village ;

And whereas by the said Municipal Amendment Act of 1905 said
section 752 of the said Act is further amended by providing that
the debentures to be issued for any such improvement shall be
issued by the Board of Police Trustees therein provided, and the
council of the township in which a police village is situate may
pass a By-law or By-laws guaranteeing the payment of any deben-
tures so issued therefor ;

And whereas it is further provided by the said Municipal Amend-
ment Act of 1905 that the Board of Police Trustees shall have power
to pass By-laws authorizing the issue of debentures for the payment
of the cost of construction of any of the works, services or improve-
ments mentioned in section 664 and following sections of the said
The Consolidated Municipal Act, 1903, made, supplied or performed

within

1906.

POLICE VILLAGE OF WEST LORNE.

Chap. 104

within the limits of the police village which may have been incurred
at any time before the passing of the said Act of 1905, and which
may at the date of the incorporation of such Board of Police
Trustees of the police village remain unpaid ;

And whereas the Board of Police Trustees of the Police Village of
West Lome within the Township of Aldborough have, under the
provisions of said section 664 of The Municipal Act, 190S, con-
structed the following works and improvements namely, cement
sidewalk.

(a) On the east side of Graham street, from the south side
of Jane street to the south side of Walker street, at a total
cost of $593.30, payable as follows : $237.32 by a special rate to
be levied by a frontage tax on the property abutting on the said
work and $355.98 by the village at large;

(b) On the north side of Main street, from the west side of
Graham street to the east limit of P. E. Skinner's farm, at a total
cost of $1,045.07, payable as follows: $418.03 by a special rate
to be levied by a frontage tax on the property abutting on the said
work, and $627.04 by the village at large;

And whereas at the time the said Board of Police Trustees were
incorporated certain works and improvements, to wit : A cement
sidewalk ; had been constructed in the said village on the south
side of Main street, from eighty feet west from the west limit of
village lot 5, Block I, plan 167, to the west limit of Wood street,
and on the east and west sides of Graham street from the south
limit of Main street to 264 feet south from the south limit of Elm
street, at a total cost of $2,088.50, payable as follows: $835.40 by
a special rate to be levied by a frontage rate or tax on the property
abutting on the said work, and $1,253.10 by the village at large;

And whereas the Board of Police Trustees of the Police Village
of West Lome intend to issue debentures payable in ten years from
May 1st, 1906, with interest at five per cent, per annum, so that
the total amount payable for principal and interest in each year
shall be equal, and have requested the municipal corporation of
the Township of Aldborough to guarantee the same.

The corporation of the Township of Aldborough enacts as fol-
lows :

1. That the Township of Aldborough guarantee the debentures
of the Board of Police Trustees of the Police Village of West Lome
to be issued in payment of the said works and improvements to the
extent and amount in all of $3,726.87, the cost of the said works,
and whether the same be issued in one series for all of the said
works or in three series, one for each of the said works.

2. That the reeve and clerk be and they are hereby directed to
sign a guarantee on the face of each debenture guaranteeing the
due payment thereof in the name of and for the said corporation
of the Township of Aldborough, and the clerk is hereby directed
to affix the seal of the corporation thereto.

3. Provided that this By-law or any thing herein contained shall
not be effective, operative or binding on the municipal corporation
of the Township of Aldborough until such time as the By-laws of
the Board of Police Trustees of the Police Village of West Lome
to be passed for the purposes hereinbefore in part recited, and the
debentures to be issued thereunder, and the assessments thereunder
and this By-law shall have been ratified, approved and validated
by the Legislature of the Province of Ontario, at the next session
thereof, upon application for that purpose by the said Board of
Police Trustees.

Read a first, second and third times, and finally passed this 15tb
day of December, A. D. 1905.

(Seal). (Sgd.) W H. McLean,

Reeve.

(Sgd ) E. A. Huoill,

Clerk.

By-law

774 Chap. 104. police village of west loene. 6 Edw. VII

By-law No. 9.

To provide for borrowing money by the issue of Debentures secured
partly by local special rates and partly by a special rate on
the rateable property in the Police Village of West Lome, for
the construction of a Cement Sidewalk on the East side of
Graham Street from the South limit of Jane Street to the
. South limit of Walker Street in the Police Village of West
Lome.

Passed, December 29th. 1905.

Whereas Joseph Wiley and others have petitioned for the con-
struction of a cement sidewalk on the east side of Graham street,
from the south limit of Jane street to the south limit of Walker
street, in the Police Village of West Lome, 40 per cent, of the
cost thereof to be secured by local special rates and the balance
of 60 per cent, by the police village at large, under the provisions
of section 678 of The Consolidated Municipal Act, 190S.

And whereas, in the opinion of the Board of Police Trustees of
the Police Village of West Lome, it having become desirable and
necessary to construct a cement sidewalk as aforesaid on the east
side of Graham street between the south limit of Jane street to
the south limit of Walker street, as a local improvement, the said
board unanimously resolved to construct the same, and to assess
and levy 40 per cent, of the cost of the work upon the real property
fronting or butting upon the east side of Graham street aforesaid,
within the limits aforesaid, pursuant to the provisions of the stat-
ute in that behalf, the balance being paid by the said village at
large ;

And whereas it has been ascertained and determined that the
real property comprised within the following limits, that is to say :
On the east side of Graham street from the south limit of Jane
street, to the south limit of Walker street, or a total of 1,122 feet
more or less of assessable real property on the east side of Graham
street, aforesaid, will be immediately, directly, equally and:
specially benefited by the construction of the said cement sidewalk,
and that the said petitioners are two-thirds in number of the
owners and represent one-half in value of the real property to be
directly benefited thereby;

And whereas the said cement sidewalk has been constructed and

the total cost thereof is the sum of $593.30. of which said siim
$355.98, or sixty per cent, is the amount that is to be paid by the
police village at large, and the sum of $237.32, or forty per cent.,
is to be defrayed by the ratepayers interested ; and which sum of
$593.30 is to be defrayed, by the ratepayers interested, and the
said police village in the proportions set out in the schedule here-
unto annexed and hereby incorporated herewith, and which said
sum of $593.30 is the amount of the debt to be created by this
By-law ;

And whereas the said Board of the Police Trustees has resolved
that the said sum of $593.30 shall be payable in annual instalments
within ten years from the 1st day of May, 1906, such instalments
to be of such amounts that the aggregate amount payable for prin-
cipal and interest in any year shall be equal as nearly as may be
to what is payable for principal and interest during each of the
other years of such period;

And whereas it will require the sum of $76.87 to be raised
annually for a period of ten years, the currency of the debentures
to be issued under and by virtue of this By-law, for payment of
the said debt and interest, of which sum $30.77 is to be raised by
special rates on the said property to be benefited thereby, and
$46.10 by the police village at large;

And whereas there are 1,122 feet of frontage of the said assess-
able real property on the east side of Graham street within the

limits

1906.

POLICE VILLAGE OF WEST LORNE. Chap. 104

limits aforesaid according to the said description, immediately,
directly, equally and specially benefited by the said cement side-
walk, upon which it will be required to charge an annual special
rate per foot sufficient to pay the sum of $30.77, during the said
period of ten years, to pay forty per cent, of the several instal-
ments of principal and interest on the said debt, as they respectively
become due and payable within ten years, according to law, which
said debt is as to said forty per cent, thereof, created on the secur-
ity of the special rates or sums settled by this By-law ;

And whereas the total assessed value of the said real property
is the sum of $3670 ;

And whereas it is necessary to raise the sum of $46.10 during
the said period of ten years, to pay sixty per cent, of the several in-
stalments of principal and interest on the said debt, as they respec-
tively become due and payable within ten years, according to law,
on the assessed rateable property of the said police village, and it
will be required to charge as against the said rateable property
liable therefor the sum of $46.10 aforesaid, the annual special rate
or -sum as particularly set out in said schedule, for paying the
proportion of the said principal debt of _ $593.30 and interest
thereon at five per cent, per annum for a period of ten years during
the currency of the debentures to be issued thereunder, and which
said debt is created on the security of the special rates or sums
settled by this By-law;

And whereas the total assessed value of the real property in the
Police Village of West Lome, inclusive of said property specially
assessed as above in the preceding paragraphs, is $108,310.00, and
the said village has no debenture debt whatever;

And whereas the local improvement system as set out in The
Consolidated Municipal Act, 1903, in respect of sidewalks or streets,
has not been adopted by the Board of the Police Trustees of the
Police Village of West Lome;

And whereas it is expedient to raise the said sum of $593.30, by
debentures of the Board of Trustees of the Police Village of West
Lome, to defray the expense of the said work payable both by local
special rates and by the police village at large;

Therefore the Board of Police Trustees of the Police Village of
West Lome enacts as follows :

1. That during ten years, the currency of the debentures to be
issued under the authority of this By-law, the sum of $76.87, shall
be raised and levied annually for the payment of the principal and
interest on the said sum of $593.30, and that the special rate or
sum set out in said schedule is hereby imposed on the real property
above described, according to the frontage thereof, over and above
all other rates and taxes, which special rate shall be sufficient
to produce in each year the sum of $30.77, or forty per cent, of
th'3 said total annual payment of $76.87, and that during such ten
years a special rate is also hereby imposed on all the other rate-
able property in the said police village, liable therefor, over and
above all other rates and taxes, which special rate shall be sufficient
in each year to produce the sum of $46.10, or sixty per cent, of
the said total annual payment of $76.87, and said rates shall be
annually inserted on the collector's roll in each year for the next
succeeding ten years, and shall be payable to and collected by him
in the same way as other rates on the said roll.

2. That, during the period of ten years, commencing from the
first day of January, A.D. 1906, the said above described real pro-
perty shall be exempt from forty per cent, of all general rates or
assessments for cement sidewalks, save and except the cost of simi-
lar works and improvements at the intersection of streets, and except
such portion of the general rate as may be imposed to meet the
cost of like works and improvements opposite real property which
is exempt from such special assessment.

Chap. 104. POLICE VILLAGE OF WEST LORNE. 6 Ed\V. VII

3. That the sum of $593.30 be raised by loan by this board on the
security of the special rates hereby imposed; and that debentures
amounting to the sum of $593.30 be issued by the said board there-
for, under their corporate seal which shall be signed by the chair-
man and secretary of the board.

4. That the said debentures shall be made payable in annual
instalments within ten years from the date of the issue of the same,
such instalments to be of such amounts that the aggregate amount
payable for principal and interest in any year during the said
period of ten years shall be equal as nearly as may be to what is
payable for principal and interest during each of the other years
of such period.

5. That the said debentures shall bear interest at the rate of five
per cent, per annum from the date of the issue thereof, which said
interest shall be payable yearly on the first day of May in each
year.

6. That the debentures may both as to principal and interest,
be payable at any branch of the Merchants Bank of Canada, in
this Province, and that the said sum of $593.30 to be raised thereon
be paid out and expended in paying off and discharging the cost
of said work or any temporary loan heretobefore obtained for the
construction of said cement sidewalk and material purchased and
work and expense paid for the said construction, and in no other
way and for no other purpose whatever.

7. If at any time the owners of the real property hereinbefore
described, or any part thereof, shall desire to commute the assess-
ment imposed by this By-law, by the payment of his, her or their
proportionate share or shares of the cost thereof as a principal
sum in lieu thereof, he, she or they may commute by the payment
of the amount set out as the "total cost" in the attached schedule
opposite his, her or their property on East Graham street, afore-
said, at any time during the first year after the passing of this
By-law, or in any subsequent year by the payment of a similar
sum reduced by one-tenth thereof for each year during which the
sn.id annual special rates shall have been actually paid.

8. All moneys arising out of the said annual special rates, and all
moneys received in commutation thereof under the' preceding sec-
tion of this By-law shall be applied by the treasurer from time to
time in paying off and discharging the said debt and interest and
in no other way and for not other purpose whatever.

9. The amount of debentures authorized to be issued under this
By-law is subject to consolidation by including the same in a col-
lective or cumulative By-law to be hereafter passed consolidating
the same with other amounts authorized or to be authorized by
other local improvement By-laws and under which consolidating
By-law the required debentures to provide for the amounts to be
raised under this and said other individual By-laws shall be issued
in a consecutive issue and shall in said consolidating By-law be
more particularly enacted in that behalf.

10. This By-law shall come into operation on the 29th day of
December, 1905.

The Board of Police Trustees of the Police Village o»

West Lornk.

(Seal).

(Sgd.) P. E. Skinner,

Chairman.

(Sgd.) W. A. Becker,

Secretary.

Schedule

1906.

POLICE VILLAGE OF WEST LORNE.

Chap. 104

Schedule referred to and incorporated with By-law No. 9. Work,

east of Graham street from south side of Jane street to south
side of Walker street.

Assessed owner.

Lot.

Charles Bainard

Emma Ripley

Eliza J. Shippey . . . .
Dugald McPherson . .
Elizabeth Alton

Peter Govier

(Trace Cole

Presbyterian Church

Win. Eden

Joseph Wiley

Eliza Taylor

J. P. McMillan

1 and 2

3
4

1 and 2

3
4

1 and 2
3 and 4
1 and 2

3
4
5

M
M
M
0
0
o
S

T
T
T
T

50
50
50
68
68
68
103
103
103
103
103
103

SOD co
03 Ol

Total frontage

132
66
66
132
66
66
132
132
132
66
66
66

1,122

Total special assessments of 40%
Police Village of West Lome generally 60%

Totals

Total cost.

Yearly
rate.

$ c.

27 92

3 62

13 96

1 81

13 96

1 81

27 92

3 62

13 96

1 81

13 96

1 81

27 92

3 62

27 92

3 62

27 92

3 62

13 96

1 81

13 96

1 81

13 96

1 81

237 32
355 98

593 30

30 77
46 10

76 87

All the above lands form part of Township Lot number 19, in
the 8th Concession of Aldborough.

By-law No. 10.

To provide for borrowing money by the issue of Debentures,
secured partly by local special rates, and partly by a special
rate on the rateable property in the Police Village of West
Lome, for the construction of a cement sidewalk on the North
side of Main street, from the West limit of Graham street, to
the East limit of P. E. Skinner's Farm, in the Police Village
of West Lome.

Passed, December 29th, 1905.

Whereas Samuel Carson and others have petitioned for the con-
struction of a cement sidewalk on the north side of Main street,
from the west limit of Graham street to the east limit of P. E.
Skinner's farm, in the Police Village of West Lome, forty per
cent, of the cost thereof to be secured by local special rates and
the balance of sixty per cent, by the police village at large, under
the provisions of section 678 of The Consolidated Municipal Act,
190S.

And whereas, in the opinion of the Board of the Police Trustees
of the Police Village of West Lome, it having become desirable
and necessary to construct a cement sidewalk, as aforesaid on the
north side of Main street, between the west limit of Graham street
to the east limit of P. E. Skinner's farm, as a local improvement,
the said board unanimously resolved to construct the same, and
to assess and levy forty per cent, of the cost of the work upon the
real property fronting or abutting upon the north side of Main
street aforesaid, within the limits aforesaid, pursuant to the pro-
visions of the statute in that behalf, the balance being paid by the
said village at large ;

And

Chap. 104. POLICE VILLAGE OF WEST LORNE. 6 EdW. VII

And whereas it has been ascertained and determined that the
real property comprised within the following limits, that is to say :
On the north side of Main street, from the west limit of Graham
street to the east limit of P. E. Skinner's farm, or a total of
2 feet more or less of assessable real property on the north side

of Main street aforesaid, will be immediately, directly, equally and
specially benefited by the construction of the said cement sidewalk,
and. that the said petitioners are two-thirds in number of the
owners and represent one-half in value of the real property to be
directly benefited thereby ;

And whereas the said cement sidewalk has been constructed and
Ihe total cost thereof is the sum of $1,045.07. of which said sum
$627.04 or sixty per cent, is the amount that is to be paid by the
police village at large, and the sum of $418.63 or forty per cent,
is to be defrayed by the ratepayers interested; and which said sum
of $1,045.07 is to be defrayed, by the ratepayers interested and th
said police village, in the proportions set out in schedule hereunto
annexed and hereby incorporated herewith, and which said sum
of $1,045.07 is the amount of the debt to be created by this By-law;

And whereas the said Board of Police Trustees has resolved that
the said sum of $1,045.07 shall be payable in annual instalments
within ten years from the first day of May, 1906, such instalments
to be of such amounts that the aggregate amount payable for prin-
cipal and interest in any year shall be equal as nearly as may be
to what is payable for principal and interest during each of the
other years of such period ;

And whereas it will require the sum of $135.24 to be raised
annually for a period of ten years, the currency of the debentures
to be issued under and by virtue of this By-law, for payment of the
said debt and interest, of which sum $54.03 is to be raised by
special rates on the said property to be benefited thereby and
$81.21 by the police village at large;

And whereas there are 2,119^ feet of frontage of the said assess-
able real property on the north side of Main street, within the
limits aforesaid, according to the said description, immediately,
directly, equally and specially benefited by the said cement side-
walk, upon which it will be required to charge an annual special
rate per foot, sufficient to pay the sum of $54.03, during the said
period of ten years to pay forty per cent, of the several instalments
of principal and interest on the said debt, as they respectively
become due and payable within ten years according to law, which
said debt is as to said forty per cent, thereof created on the security
of the special frontage rates or sums settled by this By-law ;

And whereas the total assessed value of the said real property
is the sum of $8,700.00;

And whereas it is necessary to raise the sum of $81,21 during
the said period of ten years, or sixty per cent, of the several instal-
ments of principal and interest on the said debt as they respect-
ively become due and payable within ten years according to law on
the assessed rateable property of the said police village, and it
will be required to charge as against the said rateable property
liable therefor the sum of $81.21 aforesaid, the annual special rate
or sum as particularly set out in said schedule for paying the said
proportion of the said principal debt of $1,045.07 and interest there-
on, at five per cent, per annum, for a period of ten years during the
currency of the debentures to be issued hereunder, and which said
debt is created on the security of the special rates or sums settled
by this By-law ;

And whereas the total assessed value of the real property in the
Police Village of West Lome, inclusive of said property specially
assessed as above in the preceding paragraphs is $108,310.00, and

the

1906.

POLICE VILLAGE OF WEST LOENE. Chap. 104

779

the said village has a debenture debt of $593.30 incurred for local
improvements, and no further debenture indebtedness whatever;

And whereas the local improvement system as set out in The
Consolidated Municipal Act, 1903, in respect of sidewalks or streets,
has not been adopted by the Board of Police Trustees of the Police
Village of West Lome;

And whereas it is expedient to raise the said sum of $1,045.07,
by debentures of the Board of Trustees of the Police Village of
West Lome to defray the expense of the said work both by local
special rates and by the police village at large ;

Therefore the Board of Police Trustees of the Police Village of
West Lome, enacts as follows :

1. That during ten years, the currency of the debentures to be
issued under the authority of this By-law, the sum of $135.24 shall
be raised and levied annually for the payment of the principal and
interest, on the said sum of $1,045.07, and that the special rate
or sum set out in said schedule is hereby imposed on the real
property above described, according to the frontage thereof, over
and above all other rates and taxes, which special rate shall be
sufficient to produce in each year the sum of $54.03, or forty per
cent, of the said total annual payment of $135.24, and that during
such ten years a special rate is also hereby imposed on all the other
rateable property in the said Police Village of West Lome, liable
therefor over and above all other rates and taxes, which special
rate shall be sufficient in each year to produce the sum of $81.21,
or sixty per cent of the said total annual payment of $135.24, and
said rates shall be annually inserted in the collector's roll in each
year for the next succeeding ten years, and shall be payable to and
collecte:! by him in the same way as other rates on the said roll.

2. That during the period of ten years, commencing from the
first day of January, A. D. 1906, the said above described real
property shall be exempt from forty per cent, of all geneial rates
or assessments for cement sidewalks, save and except the cost of
similar works and improvements at the intersection of streets, and
except such portion of the general rate as may be imposed to meet
the cost of like works and improvements opposite real property
which is exempt from such special assessment.

3. That the sum of $1,045.07 be raised by loan by this Board
on the security of the special rates hereby imposed, and said deben-
tures amounting to the sum of $1,045.07 be issued by he said Board
therefor, under their corporate seal, which shall be signed by the
chairman and secretary of the Board.

5. That the said debenture shall bear interest at the rate, of five
per cent, per annum from the date of the issue thereof, which said
interest shall be payable yearly on the first day of May in each
year.

6. That the debentures may, both as to principal and interest be
payable at any branch of the Merchants Bank of Canada in this
Province, and may be expressed in sterling money or any other
currency, and that the said sum of $1,045.07 to be raised thereon
be paid out and expended in paying off and discharging the cost
of said work or any temporary loan or advance heretofore obtained
for the construction of said cement sidewalk, and in no other way
and for no other purpose whatever.

780

Chap. 104. POLICE VILLAGE OF WEST LORNE. 6 EDW. VII

7. If at any time the owners of the real property hereinbefore
described, or any part thereof shall desire to commute the assess-
ment imposed by this By-law by the payment of his, her or their
proportionate shares of the cost thereof, as a principal sum in
lieu thereof, he, she or they may commute by the payment of the
amount set out as the 'total cost" in the annexed schedule opposite
his, her or their property on the north side of Main street afore-
said, at any time during the first year after the passing of this
By-law, or in any subsequent year by the payment of a similar sum
reduced by one-tenth thereof for each year during which the said
annual special rates shall have been actually paid.

8. All moneys arising out of the said annual special rates, and all
moneys re eived in commutation thereof under the preceding sec-
tion of this By-law shall be applied by the treasurer from time to
time in paying off and discharging the said debt and interest, and
in no o:her way, and for no other purpose whatever.

9. The amount of debentures authorized to be issued under this
By-law is subject to consolidation by including the same in a col-
lective or cumulative Bylaw to be hereafter passed consolidating
the same with other amounts authorized by other local improvement
By-laws, and under which consolidating By-law the required de-
bentures to provide for the amounts to be raised under this and
said other individual By-laws shall be issued in a consecutive issue
as shall in said consolidating By-law be more particularly enacted
in that behalf.

10. That this By-law shall come into force from and after the
day of the final passing thereof.

Read a first, second and third time, and finally passed this 29th
day of December, A. D. 1905.

P. E. Skinner,

Chairman.

W. A. Becker,

Secretary.

(Seal of the Board of Police Trustees of the
Police Village of West Lome).

Schedule

1906.

POLICE VILLAGE OF WEST LORNE.

Chap. 104

781

ut 98b

UOIS

N O n C-l ffl X (D tD CD CO CO O N ■* CO CO CO CD
CO rH f 1 CC CO X 'X> CO CO CO CO CO CD N CO 00 COCOCO

cp ^

mo o ~ :

) £ C

- 03 CIS

* &

s- O
CP.O
,G OS

co ' -

O O
£55

CP o

c u .5 a

be cp H
*e bti cp _

CO co CQ -G CO .3
CP CP CO CP oS

& | fa C

U CP i

.ft 50

o "8
co cp

CS ~

cp e

~- OS

^SLo^g o

s a;

CM —

C .CP .

cococio toco

cot»ai-ioiw-tiocDHH-H W co co

NHOCO
CO CC SO lO

CP ^ -.

: jd

; X2 '

CP ,SJ

,C ID " li>

I r-§ S

M -G ™ 5

ill s § "% a
5j-^ g c Sc£

= ^ £ Q a 4

CP CP

5 p« 3

CP CJ

— — ■ o

bi G G G

B'SkP g

.So cs

S"CW

cm a

3 -a

Oj k.

53
c

G
O

•ox

rHMCCtiCCBI-CCaOi

o o

-f CO

a t

CP CP

G G

i o

'3 *i

CP CO

03 tn

o °
H ft

5.1 s

By-Law

Chap. 104. POLICE VILLAGE OF WEST LORNE. 6 EDW. VII

By-law No. 11.

To provide for borrowing money by the issue of debentures, secured
partly by local special rates and partly by a special rate on the
rateable property in the Police Village of West Lome, for the
construction of a cement sidewalk on the south side of Main
street, from a point which is eighty feet westerly from the
westerly limit of Village Lot No. 5, in Block I on plan 167,
of the said Village of West Lome, thence easterly along the
said southerly side of Main street, to the westerly limit of Wood
street ; also on the westerly side of Graham street from the
southerly limit of Main street to a point 264 feet southerly
from the southerly limit of Elm street; also on the easterly side
of Graham street from the southerly limit of Main street to
the northerly limit of Chesnut street in the Police Village of
West Lome.

Passed December 29th, 1905.

Whereas W. H. Bole and others petitioned for the construc-
tion of a cement sidewalk at least four feet in width on the
south side of Main street from a point which is eighty feet westerly
from the westerly limit of village lot No. 5, in Block I on plan
167, of the said Village of West Lome, thence easterly along the
said southerly side of Main street to the westerly limit of Wood
street ; also on the westerly side of Graham street from the south-
erly limit of Main street to a point 264 feet southerly from the
southerly limit of Elm street; also on the easterly side of Graham
street from the southerly limit of Main street to the northerly limit
of Chesnut street, in the Police Village of West Lome, forty per
cent, of the cost thereof to be secured by local special rates and the
balance of sixty per cent, by the police village at large, under the
provisions of section 678 of The Consolidated Municipal Act, 1903,
on the supposition that the Police Trustees of the Police Village of
West Lome would be incorporated as a board under the provisions
of section 751 of the said Act, by the county council of the County
of Elgin, at the session thereof held in the month of June, 1904;

And whereas the said county council did not pass the By-law in-
corporating the said trustees as a board, as aforesaid, whereupon
the said petition was presented to the municipal council of the
Township of Aldborough, which constructed the sidewalk under the
supervision of the said trustees and under the authority of By-law
No. 865 of the said township ;

And whereas the said municipal council of Aldborough by their
By-law No. 877 repealed their said By-law No. 865, and the said
county council of the County of Elgin, in the meantime at their
session in February, of 1905, incorporated the said trustees as a
board under the provisions of said section 751 of The Consolidated
Municipal Act, 1903;

And whereas by sections 44 and 45 of The Municipal Amendment
Act, 1905. section 752 of The Consolidated Municipal Act, 1903, was
amended by giving the Board of Police Trustees in a police village
the power to pass By-laws authorizing the issue of debentures for
the payment of the cost of construction of any of the works men-
tioned in the local improvement sections of the said Act, being
section 664 and following sections thereof, made within the limits
of the police village which may have been incurred and remain
unpaid at the date of the passing of such By-law ;

And whereas the said works are still unpaid for and it is pro-
posed by this Board to pass a By-law under the authority of the
said The Municipal Act, 190.1, as so amended, to issue debentures in
order to pay for the same, and to assess and levy forty per cent, of
the cost of the work upon the real property fronting or butting upon
the south side of Main street, and the east and west side of

Graham

1906.

POLICE VILLAGE OF WEST LORNE. Chap. 104

Graham street aforesaid, within the limits aforesaid, pursuant to
the provisions of the statutes in that behalf hereinbefore mentioned,
the balance being paid by the said village at large ;

And whereas it has been ascertained and determined that the
real property comprised within the following limits, that is to say:
On the south side of Main street, in the said Village of West Lome
from a point which is eighty feet westerly from the westerly limit
of village lot No. 5, in Block I on plan 167 of the said Village of
West Lome, thence easterly along the said southerly side of Main
street to the westerly limit of Wood street ; also on the westerly
side of Graham street from the southerly limit of Main street to a
point 264 feet southerly from the southerly limit of Elm street ;
also on the easterly side of Graham street from the southerly limit
of Main street to the northerlv limit of Chesnut street, or a total of
3,916 feet more or less of assessable real property on the south side
of Main street, and the east and west sides of Graham street afore-
said, will be immediately, directly, equally and specially benefited
by the construction of the said cement sidewalk, and that the said
petitioners are two-thirds in number of the owners and represent
one-half in value of the real property to be directly benefited
thereby ;

And whereas the said cement sidewalk has been constructed as
aforesaid, and the total cost thereof is the sum of $2,088.50, of
which said sum $1,253.10, or sixty per cent, is the amount that 13
to be paid by the police village at large, and the sum of $835.40.
or forty per cent, is to be defrayed by the ratepayers interested ;
and which said sum of $2,088.50 is to be defrayed ; by the ratepayers
interested and the said police village ; in the proportions set out in
the schedules hereunto annexed and .hereby incorporated herewith
and which said sum of $2,088.50 is the amount of the debt to be
created by this By-law ;

And whereas the said Board of Police Trustees has resolved that
the said sum of $2,088.50 shall be payable in annual instalments
within ten years from the 1st day of May, 1906, such instalments
to be of such amounts that the aggregate amount payable for prin-
cipal and interest in any year shall be equal as nearly as may be
to what is payable for principal and interest during each of the
other years of such period ;

And whereas it will require the sum of $270.30 to be raised
annually for a period of ten years, the currency of the debentures
to be issued under and by virtue of this By-law. for payment of
the said debt and interest, of which sum $108.01 is to be raised
by special rates on the said property to be benefited thereby, and
$162.29 by the police village at large;

And whereas there are 3,916 feet of frontage of the said assess-
able real property on the south side of Main street, and the east
and west sides of Graham street, within the limits aforesaid, ac-
cording to the said description, immediately, directly, equally and
specially benfited by the said cement sidewalk, upon which it will
be required to charge an annual special rate per foot, sufficient to
pay the sum of $108.01 during the said period of ten years, to pay
forty per cent, of the several instalments of principal and interest
on the said debt as they respectively become due and payable within
ten years, according to law, which said debt is, as to said forty per
cent, thereof, created on the security of the special frontage rates
or sums settled by this By-law ;

And whereas it is necessary to raise the sum of $162 29 during
th<3 said period of ten years, or sixty per cent, of the several instal-
ments of principal and interest on the said debt as they respectively
become due and payable within ten years according to law, on the
assessed rateable property of the said police village, and it will

Chap. 104.

POLICE VILLAGE OF WEST LORNE. 6 EDW. VII

be required to charge as against the said rateable property liable
therefor the sum of $162.29 aforesaid, the annual special rate or
sum as particularly set out in said schedule for paying the said pro-
portion of the said principal debt of $2,088.50 and interest thereon,
at five per cent, per annum for a period of ten years, during the
currency of the debentures to be issued hereunder, and which said
debt is created on the security of the special rates or sums settled
by this By-law ;

And whereas the total assessed value of the said real property
is the sum of $27,375.00;

And whereas the total assessed value of the real property in the
Police Village of West Lome, inclusive of said property specially
assessed as above in the preceding paragraph is $108,310.00, and
the said village has a debenture debt of $1,638.37, incurred for local
improvements and no further debenture indebtedness whatever ;

And whereas the local improvement system as set out in The Con-
solidated Municipal Act, 1903, in respect of sidewalks or streets,
has not been adopted by the Board of Police Trustees of the Police
Village of West Lome;

And whereas it is expedient to raise the said sum of $2,088.50
by debentures of the Board of Trustees of the Police Village of
West Lome, to defray the expense of the said work, both by local
special rates and by the police village at large ;

Therefore the Board of Police Trustees of the Police Village of
West Lome, enacts as follows :

1. That during the ten years, the currency of the debentures to
be issued under the authority of this By-law, the sum of $270.30
shall be raised and levied annually for the payment of the principal
and interest, on the said sum of $2,088.50, and that the special
rate or sum set out in said schedule is hereby imposed on the said
real property above described, according to the frontage thereof,
over and above all other rates and taxes, which special rate shall
be sufficient in each year to produce the sum of $108.01, or forty
per cent, of the said total annual payment of $270.30, and that
during such ten years a special rate is also hereby imposed on all
the other rateable property in the said Police Village of West
Lome, liable therefor over and above all other rates and taxes,
which special rate shall be sufficient in each year to produce the sum
of $162.29, or sixty per cent, of the said total annual payment of
$270.30. and said rates shall be annually inserted in the collector's
roll in each year for the next succeeding ten years and shall be
payable to and collected by him in the same way as other rates in
the said roll,

2. That during the period, of ten years commencing from the
first day of January, 1906, the said above described real property
shall be exempt from forty per cent, of all general rates or, assess-
ments for cement sidewalks save and except the cost of similar
works and improvements at the intersection of streets and except
such portion of the general rate as may be imposed to meet the
cost of like works and improvements opposite real property, which
is exempt from such special assessment.

3. That the sum of $2,088.50 be raised by loan by this board on
the security of the special rates hereby imposed, and that deben-
tures amounting to the aum of $2,088.50 be issued by the said board
therefor under their corporate seal, which shall be signed by the
chairman and secretary of the board.

4. The said debentures shall be payable in annual instalments
within ten years from the date of the issue of the same, such instal-
ments to be of such amounts that the aggregate amount payable for
principal and interest in any year during the said period of ten

years

1906.

POLICE VILLAGE OF WEST LORNE.

Chap. 104

years shall be equal, as nearly as may be, to what is payable for
principal and interest during each of the other years of such
period.

5. That the said debentures shall bear interest at the rate of
five per cent, per annum from the date of the issue thereof, which
said interest shall be payable yearly on the first day of May in
each year.

6. That the debentures may, both as to principal and interest,
be payable at any branch of the Merchants Bank of Canada in this
Province, and may be expressed in sterling money or any other
currency-, and that the said sum of $2,088.50 to be raised thereon
be paid out and expended in paying off and discharging the cost
of said work or any temporary loan or advance heretofore obtained
for the construction of said cement sidewalk, and in no other way
and for no other purpose whatever.

7. If at any time the owners of the real property hereinbefore
described, or any part thereof shall desire to commute the assess-
ment imposed by this By-law by the payment of his, her or their
proportionate shares of the cost thereof as a principal sum in lieu
thereof, he, she or they may commute by the payment of the amount
set out as the "total cost" in the annexed schedule opposite his.
her or their property on the east or west side of Graham street, or
the south of Main street aforesaid, at any time during the first
year after the passing of this By-law, or in any subsequent year
by the payment of a similar sum reduced by one-tenth thereof for
each year during which the said annual special rates shall have
been actually paid.

8. All moneys arising out of the said annual special rates, and all
moneys received in commutation thereof under the preceding sec-
tion of this By-law shall be applied by the treasurer from time to
time in paying off and discharging the said debt and interest, and
in no other way and for no other purpose, whatever.

9. The amount of debentures authorized to be issued under this
By-law is subject to consolidation by including the same in a col-
lective or cumulative By-law to hereafter passed consolidating the
same with other amounts authorized by local improvement By-laws,
and under which consolidating By-law the required debentures to
provide for the amounts to be raised under this and said other
individual By-laws shall be issued in a consecutive issue as shall in
said consolidating By-law be more particularly enacted in that

10. That this By-law shall not come into force until validated by
an Act of the Ontario Legislature.

Read a first, second and third time, and finally passed this 29th
day of December, A. D. 190o.

behalf.

(Sgd.) P. E. Skinner,

(Seal).

Chairman .

(Sgd.) W. A. Becker

Secretary.

50 s.

Schedule

786

Chap. 104. POLICE VILLAGE OF WEST LORNE. 6 EdW. VII

I rH i— I CO — Hr^r-MHNMWHH

CO H CO —I rH rH rH

*MH^HNHHr-inHHiOlNNHH

as x> co co co co co co co cc ce ■ co co co co co

rH <M T— 1 i-H

i c
s o

W Cv

u
o

s.5

!T3

I 03

a"3
Oh

a =

JrS

1*8

s c

E 08

00 o ■
oJ

oo ®

CM O r>
Hi 13 73

03
rC

4) eg • 03
.ST S -5 •« |7 rh

a, 31 rj ai

C d S c ax)*

O O O

*J ,fi ° -C jf

co h ce as o — i cm t- as co io co co co

MMMt^TttNM^-l*H/H rH

2 £

2 -if!

35 <hP-

S cj

w°
c

r*> CS
« CJ

c e

03 3

5ca

C3 43

° Cg 3 ~* rtl^ ^ ~ HH

'h^^^^l-lHs^Dr!

fi 0>

t. CJ

cs t> rz

C 3 ■

• ' JH 1-

. 03 C

£ fc. M

& <i> 3

IF;

C!> 3

Is*!

o
5C

i-H 0)CO-tiCCOI'00350i-HiMCO'*vOC0 1~

50a s.

Schedule

1906.

POLICE VILLAGE OF WEST LORNE. Chap. 104

'87

03 '3

oo oc QO M co co o; x

^ r— ( h t-H r— ( CO i-H

iO CO i — I CO

lO CO

co io

CO CM

03 CP

2 g

, a

c o

O ce

w CP

COCOCO-^CMCOCOCO
CM

CO N
CO CCO CM
CM i-l

O
i-J

3 *~

i— i i—i — CO <i

a; co .Cv
CP 4)"*-

£ Q

g ~

2 =*

o fa
00 «<

JO w

S£ CP

t3 i-i

"8 ®-s
® £,2

^00 i-l CO

.3 °

Sa a

cs5 « O 4)
D "t-> so — co
i- co h n

co co "3 co

i—i A

fi « e m e
* 2 * k "3

sgg jg

o 3 o 3

<g >,o5 ce ^ ■ S. rd o

£.o3.2 o"S o*S 2
33 SB'S co 9

CO c3 ^ ^ti CO
<« C CD CO

CO CO CM

CO CM i—i

a g

- 5

CO B
S S3

g£

2 «
83

a "3

o «

CD
CO 03

Seoj

'Oi .5 CO"
rH a CO

*>S s

° w "

a§ <^

2 a>i-r
s.S -»

C "CD

rt co ^

all

54 2

s *

"oS 2.
O O CO

EH H .

o
H

™<2

co
CO

31 e« 03

is g

OJ,.-!)'^-'^1'' 00^

O S3 S

■S 2 §

- .g!

to CO

i^g

tZ3

J3
— >

o
P3

61)
—

■ C!
— . CO

- — tic

CD CO l5

2 Ctj
OA CP
jS o l-

co
c

NOTB

Chap. 104.

POLICE VILLAGE OF WEST. LORNE. 6 EDW. VII

Note. Parcels 33 to 37 inclusive cover all the unplanned part of
the north part of township lot 19 in the 9th concession of Aldbor-
ough, between the east limit of Argyle street and a point 66 feet
west of the northwest angle of lot 1, plan 66.

Parcels Nos. 1 to 18 inclusive from part of lot number 18 in the
9th concession of the Township of Aldborough, and Nos. 19 to 41
inclusive part of lot number 19 in the same concession.

To consolidate the several amounts authorized to be raised under
By-laws Numbers 9, 10 and 11 of the Board of Police Trustees
of the Police Village of West Lome, respectively.

Whereas the Board of Police Trustees of the Police Village of
West Lome, on the 29th day of December, 1905, passed the several
By-laws hereinafter mentioned to pay the costs of certain local
improvements in the said By-laws respectively mentioned, that is
to say :

And whereas each of the said individual By-laws above named
contained the following clause :

"The amount of debentures authorized to be issued, under this
By-law is subject to consolidation by including the same in a col-
lective or cumulative By-law to be hereafter passed consolidating
the same with other amounts authorized, or to be authorized by
other local improvement By-laws and under which consolidating
By-law the required debentures to provide for the amounts to be
raised under' this and said other individual By-laws shall be issued
in a consecutive issue as shall in said consolidating By-law be more
particularly enacted in that behalf."

And whereas it is deemed necessary and expedient to consolidate
the said several amounts by the said By-laws authorized to be
raised and to authorize the issue, of debentures for the whole amount
in one general consecutive issue, apportioning nevertheless the
amount raised and crediting each service with the amount pre-
viously estimated and named for the same under the said individual
By-laws passed in the fi. st instance as aforesaid ;

Therefore the Board of Police Trustees of the "Police Village of
West Lome enacts as follows :

1. That the amount of $593.30 authorized to be raised by said
By-law No. 9; and that the amount of $1,045 07 authorized to be
raised by said By-law No. 10; and that the amount of $2,088.50
authorized to be raised by said By-law No. 11, be and the same are
hereby consolidated and constituted, for the purpose of issuing
debentures to cover the costs of the said local improvements in the
said individual By-laws mentioned, one debt of $3,726.87.

2. That the said sum of $3,726.87 be raised by loan by this board
on the security of the special rates imposed by the several By-laws
above named, and that debentures not exceeding the said sum of
$3,726.87 be issued by the board therefor, and it shall be lawful
for the said board to raise by way of loan upon the security of
such debentures and special rates aforesaid, from any person or
persons, body or bodies corporate, who may be willing tn advance
the .same upon the credit of the debentures to be issued hereunder

By-law No. 12.

Passed the 29th day of December, 1905.

By-law No. 9 .
By-law No. 10
By-law No. 11

$593 30
1,045 07
2,088 50

$3,726 87

1906.

TOLICE VILLAGE OF WEST LOHNE.

Chap. 104

789

a sum, not exceeding in the whole the sum of $3,726.87, as afore-
said, and to cause the same to be paid into the hands of the treas-
urer of the Township of Aldborough for the purpose and with the
object aforesaid.

3. That is shall be lawful for the said board to cause to be issued
in one general consecutive issue any number of debentures of a
denomination not less than $100 each, and not exceeding in the
whole the sum of $3,726.87, as in the preceding section mentioned,
and that the said debentures shall be sealed with the seal of the
said board and be signed by the chairman and secretary of this
board.

4. That the amounts to be raised by the said debentures shall be
applied as follows: $593.30 to the said debt under the said By-law
No. 9; $1,045.07 to the said debt under By-law No. 10; $2,088.50
to the said debt under By-law No. 11, and for no other purpose
whatsoever.

5. That the said debentures shall bear interest from the first day
of May, A. D. 1906, and shall be made payable in ten annual instal-
ments with interest at the rate of five per cent, per annum, so
that the said instalments shall be such that the aggregate amount
payable for principal and interest in any year shall be equal as
nearly as may be to what is payable for principal and interest
during each of the other years of such period of ten years, and that
such debentures shall be payable at any branch of the Merchants
Bank of Canada in this Province, on the first day of May in each
year, and the said debentures and interest shall be payable annually
as in the schedule hereto annexed, as particularly set forth.

6. That this By-law shall come into force from and after the
day of the final passing thereof.

Read a first, second and third time and finally passed this 29th
day of December, A. D. 1905.

(Sgd.) P. E. Skinner,

Chairman.

(Sgd.) W. A. Becker,

Secretary.

Schedule referred to in annexed By-law No. 12.

Year

1
2
3
4

Principal.

$296 31
311 12
326 67
343 01
360 16
378 16
397 07
416 93
437 78
459 66

Interest

$186 34

171 53
155 9*
139 64
122 49
104 49
85 58
65 72
44 87
22 99

$482 65
482 65
482 65
482 65
482 65
482 65
482 65
482 65
482 65
482 65

Total.

6
7
8

$3,726 87

CHAPTER

790

Chap. 105.

TOWNSHIP OF YORK.

6 EDW. VII

CHAPTER 105.

An Act to confirm By-law number 1995 of the
Township of York.

HEREAS the Boake Manufacturing Company, Lim-

f t ited, have by their petition represented that they
have carried on business in the Township of York, in the
County of York, as dealers in rough lumber and manufac-
turers of dressed lumber and builders' supplies since the
year 1892; that in the year 1905, owing to the expropriation
of a part of their lands by the Toronto and Niagara Power
Company for a right of way, they were obliged to take down
and remove their buildings, and notwithstanding having
received an offer from another municipality of a loan by
way of a bonus and of exemption from taxation for twenty
years, they determined to carry on the business in the said
Township of York, and applied to the Council of the said
Township, asking that the assessment of their property and
all the new buildings about to be erected by them for the
purpose of their business on another site should be fixed at
the sum of $10,000 per annum for a period of twenty years ;
that the Council of the said Township in pursuance of the
application, unanimously passed By-law No. 1,995 of the
said township, fixing the assessment of the lands and pro-
perty of the said Company at $10,000 a year for a period of
twenty years, as aforesaid; that the said Company carries on
an extensive business, employing about fifty workmen and
paying out in each year in salaries and wages a sum of
$20,000; that a majority of the workmen reside in the said
Township of York, and the said Company has assisted them
in building and erecting dwelling houses, none of which are
included in the property the assessment of which is fixed by
the said by-law ; that the business carried on by the said
company has been of considerable benefit to the said Town-
ship of York; and whereas there are doubts as to the power
of the said Council to pass the said by-law without having
first submitted the same to the electors, and for other rea-
sons: and whereas the said Company has by its petition
prayed that an Act may be passed to legalize and confirm

Assented to 27th April, 1906.

Preamble.

the

1901). TOWNSHIP OF YORK. Chap. 105. 791

the said by-law ; and whereas no opposition has been offered
to the prayer of the said petition; and whereas it is expedi-
ent to grant the prayer of the said petition;

Therefore His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1. Subject to section 2 hereof, By-law No. 1,995 of the onh^mishfp
Municipal Corporation of the Township of York, passed con"
on the 3rd day of April, 1905, intituled "A by-law
providing that the assessment of the lands and the
property hereinafter described may be fixed at |10,000

per annum for a period of twenty yeare," and set
out in Schedule "A" hereto, is ratified and confirmed and
declared to be legal, valid and binding on the said Corpora-
tion of the Township of York and on the ratepayers thereof,
notwithstanding anything in any other Act to the contrary,
and the assessment of the lands and property of the said
Company as set out in the said by-law and the business of
the said Company for all purposes, including school pur-
poses, shall not in any year during the period of twenty
years named in the by-law, exceed in all the sum of $10,000,
including assessment upon real property, business assess-
ment or other assessment under The Assessment Act to
which said company may be liable.

2. Notwithstanding anything contained in the said by- f^niocaiable
law, the lands and property of the said company shall imProvements
be liable for local improvements rates and assessments as

if the said by-law had not been passed.

SCHEDULE A.
By-law No. 1995.

'A By-law providing that the assessment of the lands and property
hereinafter described may be fixed at $10,000 per annum for a
period of twenty years.

Whereas the Boake Manufacturing Company, Limited, have, by
their petition, represented that their said company are now seized
of the lands and premises hereinafter described, and that a large
sum of money has been and will be expended by the said company
upon the said lands in erecting buildings thereon, and in installing
therein the necessary machinery and plant for the purposes of the
business there carried on under the name of "The Boake Manufac-
turing Company, Limited;"

And whereas the said company have, by their said petition, re-
quested that a by-law be passed providing that the annual assess-
ment of the said lands and other property be fixed at not more
than the sum of ten thousand dollars each year for a period of
twenty years, to be computed from the first day of January, A.D.
1905 ;

And whereas it appears expedient to accede to said request ;
Be it, therefore, enacted by the municipal council of the corpora-
tion of the Township of York :

Chap. 105.

TOWNSHIP OF YORK.

6 EDW. VII

1. That all and singular those certain parcels or tracts of lands
and premises owned by the said company, situate, lying and being
in the Township of York, in the County of York, and Province of
Ontario, containing by admeasurement about two and one-half
acres, be the same more or less, and being parts of lots twenty-
fcur and twenty-five in the second concession from the bay in the
Township of York, more particularly described as follows : Com-
mencing at the southeasterly angle of Dartnell and Bridgeman
Avenues, thence northerly along the easterly limit of Dartneli
Avenue two hundred and fifty eight feet, thence easterly parallel
with the production of Bridgeman Avenue two hundred and twenty-
five feet and six inches to the westerly limit of Tyndall Avenue,
thence southerly along the westerly limit of Tyndall Avenue three
hundred and sixty-six feet, thenoe westerly four hundred and six-
teen feet eight inches to the place of beginning, together with al!
buildings, stock-in-trade, plant, machinery, fixtures and materials,
now or hereafter thereon or therein, and all other personal and
other assessable property of the company, for a period of twenty
years, to be computed from the first day of January, A.D. 1905,
shall be annually assessed for all purposes, en bloc, at the sum of
ten thousand dollars, and no more, as a fixed assessment, and the
said lands, premises and property shall be for such time exempt
from any special assessment for any improvements or works where
the cost thereof or any part thereof is or would otherwise be charged
against the lands specially benefited thereby, except in respect of #
any local improvement rates heretofore assessed against the said
lands.

In case any part or parts of said lands be used for the purpose
of dwelling houses or for any purposes not connected with the
business of the company, such part or parts, when and so long as
used for such purposes, shall be assessable as if this by-law had not
been passed, and, in the event of the destruction of said buildings
or property, or any part thereof, so that the value of the same, with
the said lands and other property, shall not be equal to the said
sum of ten thousand dollars ($10,000) the assessment shall be made
while such value is under ten thousand dollars ($10,000) as if this
by-law had not been passed

3. The assessor and other officers making such assessment are
hereby authorized and required to so make their assessments and
returns as to conform to the provisions of this by-law.

4. Applications shall be made, at the cost and expense of the said
company, by the said company to the Legislature of the Province
of Ontario to confirm this by-law, and to carry the provisions thereof
into effect, and, if such application be made by the company, the
municipal corporation will give its consent thereto.

5. On such legislation being obtained this by-law shall come into
effect.

Passed April 3rd, 1905.

W. A. Clark,
Clerk.

(Seal i

Geo. Syme,

Reeve.

•

CHAPTER

1906.

BRANTFORD AND ERIE RAILWAY CO. Chap. 106

.793

CHAPTER 106.

An Act respecting The Brantford and Erie Railway

Company.

Assented to 14th May, 1906.

WHEREAS The Brantford and Erie Railway Company preamble,
was incorporated by an Act of the Ontario Legis-
lature passed in the 4th year of the reign of His Majesty
King Edward VII, chaptered 75, with the powers therein
set forth, and the said company was authorized to construct,
maintain, operate and complete an iron or steel railway
with the necessary side tracks, switches and turnouts for
the passage of cars, carriages and other vehicles adapted
to the same upon and along the streets and highways
within the municipalities therein set out subject to agree-
ments to be made between the company and the respective
municipalities; and whereas The Brantford and Erie Rail-
way Company has by its petition prayed that the time
for the commencement of the railway of the company be
extended for two years and the completion thereof for five
years from the passing of this Act; and whereas it is ex-
pedient to grant the prayer of the said petition ;

Therefore His Majesty, by and with the advice and
■consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. The time limited bv section 37 of the Act passed in Time for com-
the fourth year of the reign of His Majesty, King Edward ^Zpieto
VII., chaptered 75, for the commencement of the railway exunded-
(hereby authorized is extended for a period of two years

from the passing of this Act, and if the construction of the
■said railway is not commenced and fifteen per cent, of the
amount of the capital stock is not expended thereon within
'two years from the passing of this Act, or if the railway is
not completed and put in operation within five years from
the passing of this Act, then the powers granted by the
said Act of Incorporation and by this Act shall cease, and
be null and void as respects so much of the railway as then
remains uncompleted.

2. Notwithstanding anything contained in the said Act Certain pro-
of Incorporation, all the provisions of The Ontario Railway Ry.°£ct iSm*"
Act, 1906, applicable to railways to be operated by elec- to apply,
tricity, shall apply to the said company and the railway to

be constructed under this Act.

CHAPTER

794

Chap J 07. DUNNVILLE, W. AND B. ELEC. R'Y.

a edw. vir

CHAPTER 107.

An Act to incorporate the Dunnville, Wellandport
and Beamsville Electric Railway Company. "a

Assented to 14th May, 1906.

preamble. IF" HERE AS Jaines Alway Ross, of the unincorporated
» » Village, of Wellandport^ in the County of Lincoln,
Insurance Inspector; Francis Ramsey Lalor, of the Town
of Dunnville, in the County of Haldimand, Manufacturer;
James D. Bennett, of the Village of Beamsville, in the
County of Lincoln, Gentleman; Stephen Delamere Lake,
of the City of St. Catharines, in the said County of Lincoln,
Railway Contractor; and George Arnold, of the Township
of Pelham, in the County of Welland, Real Estate Agent,
have, by their petition, prayed for an Act of Incorporation
under the name of "The Dunnville, Wellandport and
Beamsville Electric Railway Company," for the purpose
of constructing and operating an electric railway from
some point at or near the Village of Port Maitland, in the
County of Haldimand, through the Township of Dunn,
the Town of Dunnville, and the Townships of Moulton
and Canboro, in the County of Haldimand; the Township
of Wainfleet, in the County of Welland; and the Town-
ships of Gainsborough and Clinton, in the County of Lin-
coln, to some point in or near the Village of Beamsville,
in the County of Lincoln, and a branch from some point
on the main line through the said Townships of Gainsbor-
ough, Clinton and Pelham, to some point at or near the,
Village of Fenwick, in the said Township of Pelham; and
whereas it is expedient to grant the prayer of the said pe-
tition ;

Therefore His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of On-
tario, enacts as follows: —

incorporation. 1. The said James Alway Ross, Francis Ramsey Lalor,
James D. Bennett, Stephen Delamere Lake, and George

Arnold,

190b. DUNNVILLE, W. AND B. ELEC. b/Y. Ohap. 107 795

Arnold, and such other persons and corporations as shall
hereafter become shareholders in the said company, are
hereby constituted a body corporate and politic under the
name of "The Dunnville, Wellandport and Beamsville
Electric Railway Company."

2. The said company is hereby authorized and empow- ^ne*11011 of
ered to lay out, construct and operate by electricity a rail-
way from some point at or near the Village of Port Mait-

land, in the County of Haldimand, passing through the
Township of Dunn, the Town of Dunnville, and the Town-
ships of Moulton and Canboro, in the County of Haldimand ;
the Township of Wainfleet, in the County of Welland ; and
the Townships of Gainsborough and Clinton, in the County
of Lincoln, to some point in or near the Village of Beams-
ville, in the County of Lincoln, and a branch from some
point on the main line through the said Townships of Gains-
borough, Clinton and Pelham to some point at or near
the Village of Fenwick, in the said Township of Pelham.

3. The said James Alway Ross, Francis Ramsey Lalor, Provisional
James D. Bennett, Stephen Delamere Lake, and George irectors-
Arnold shall be and are hereby constituted a board of pro-
visional directors of the said company.

4. The head office of the said company shall be at the Head.office.
Town of Dunnville, in, the County of Haldimand.

5. The capital stock of the said company shall be f400,- Capitaiistock.
000. No one call thereon shall exceed ten per cent, on a s ereon
the shares subscribed.

6. The board of directors of the said company shall con- Number.of
sist of not less than five and not more than nine persons. Irec ors'

7. The issue of bonds, debentures or other securities by Bonding
the said company shall not exceed $20,000 per mile of the P°wers-
railway.

8. All the provisions of The Ontario Railway Act, 1906, Certain
applicable to railways to be operated by electricity, shall o^t^RyvA*
apply to the said company and the railway to be constructed m,i- toaPP'
under this Act.

Act,
y.

CHAPTER

796

Chap. 108. HAMILTON, CALEDONIA & L. E. RY. 6 EDW. VII

CHAPTER 108.

An Act respecting the Hamilton, Caledonia and
Lake Erie Railway Company.

Preamble.

Assented to 14th May, 1906.

WHEREAS by an Act passed at the second session
held in the sixty-second year of Her late Majes-
ty's reign, Chaptered 95, intituled An Act to incorporate
the Hamilton and Caledonia Railway Company, the time
for the commencement of the construction of the said rail-
way was fixed at three years from the date of the passing
of the said Act, which time has now elapsed ; and whereas
by an Act passed in the third year of His Majesty's reign,
Chaptered 96, the name of the said company was changed
to "The Hamilton, Caledonia and Lake Erie Railway Com-
pany," and section 19 of the Act incorporating the company
was repealed and another section substituted therefor, and
the time for the commencement of the construction of the
said railway was extended for the period of two years from
the passing of the Act ; and whereas doubts have arisen as
to whether the work done by way of commencing the said
railway was work covered by the provisions of the said Acts
and the company is desirous that such doubts should be
removed and has by its petition prayed that the said Acts
be revived and the time for the commencement of the rail-
•way of the company be extended for two years, and the
completion thereof for five years, from the passing of this
Act, and to increase its capital stock; and whereas it is
expedient to grant the prayer of the said petition;

Therefore His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of Ontario,
enacts as follows: —

Art of Incor-
poration,
62 V., (2) c. 9ft,
revived.

1. The Act passed at the second session held in the
sixty-second year of Her late Majesty's reign, Chaptered
95, and intituled An Act to incorporate the Hamilton ami
Caledonia Railway Company, and the Act passed in the
third year of His Majesty's reign, Chaptered 96, and intit-
uled An Act respectin g the Hamilton and Caledonia Rail-
way

1900.

HAMILTON, CALEDONIA AND L. E. HY. Chap. 108

797

way Company, so far as is not inconsistent with the pro-
visions of 'Hie Ontario Railway Act, 1000, are hereby
revived and declared to be in force, and the said Tbe Ham-
ilton, Caledonia and Lake Erie Railway Company is de-
clared to have been from the date of the passing of the first
mentioned Act an existing corporation.

2. The railway shall be commenced within one year Time for corns
and completed to the extent of a through connection with^J;"^,®"*.
the Village of Caledonia within two years, and completed to turn.

the extent of a through connection with the Town of
Cayuga within three years, and to the extent of a through
connection with the Town of Dunnville within four years,
and finally completed within five years after the passing
of this Act; and if the construction of the railway is not
commenced and fifteen per cent, of the amount of the capi-
tal stock is not expended thereon within one year after the
passing of this Act, and if such portions and through con-
nections of the railway are not completed and put in opera-
tion within the respective periods in this section mentioned
then the powers granted to the said company by the said
Act of Incorporation, and by the said amending Act, and
by this Act, shall cease, and be null and void as respects
so much of the railway as then remains uncompleted.

3. Section 9 of the Act of incorporation is hereby repealed 62 v., 0.95,
and the following substituted therefor:

9. The capital stock of the company shall be 1600.000. Ca italstook
No one call thereon shall exceed ten per cent, on the shares calls thereon",
subscribed.

4. The company is prohibited from delivering or sup- Not to supply
plying natural gas to any person, firm or corporation out- ^"J?1 g*8
side the Province of Ontario, or to any person, firm or cor- Province,
poration that supplies natural gas to any person, firm or
corporation out the Province of Ontario.

5. The company shall not amalgamate or combine with Not to ainaiga-
any other company or person, or sell, lease or transfer to othel' natural
any other company or person its natural gas supply. gas comPanies'

6. The charge for natural gas shall always under sub- Rates of
stantially similar circumstances and conditions be the same^a^^^
to all persons, firms and corporations, and the Ontario Rail-'.'i Railway and

1 tvt • • 1 xi 1 1 j. ■ 1 ■ .Municipal

way and Municipal Jioard may determine as questions 01 Board,
fact whether or not any charge is or has been under sub-
stantially similar circumstances and conditions, and whether
there has in any case been unjust discrimination, and may
by regulation declare what shall constitute substantially
similar circumstances and conditions and unjust or unrea-
sonable preferences.

798 Chap. 108. HAMILTON, CALEDONIA & L. E. RY. 6 Ed\V. VII

consent of 7. Before laying any mains or pipes along any high-

for"!yinghty wav> tne company shall obtain the consent of the council
mains, Ac. Qf Th.e municipality having jurisdiction over the same.

Powers of 8. Notwithstanding anything contained in either of

fimite^1* 1013 the said Acts, the company shall not have power to expro-
Not to bore for Priate any lands except for railway purposes, and as Uni-
on on Kaiiway ited by The Ontario Railway Act, 1906, and the company
shall not bore for oil or natural gas on any lands acquired
by the company for railway purposes or for right of
way.

Powers to be 9. Notwithstanding anything contained in the Act of
c.n2oo! "S" " incorporation of the company, the company, so far as it is
authorized to deal in natural gas, shall not have any greater
powers than are given to companies incorporated under
The Act respecting Companies for Supplying Steam, Heat,
Electricity, or Natural Gas for Heat, Light or Power.

crown may use 10- The Ontario Railway and Municipal Board, upon
foftfie' Way receiving instructions in that behalf from the Lieutenant-
transmission Governor in Council, and the officers, agents and servants
mu^icipamics. of the Board, may at all times enter upon the right of way
of the company, and may dig up the same, erect thereon all
necessary poles, or lay all necessary conduits, and erect,
place and put down all cables, wires and poles for the trans-
mission of electrical or other power from any point in the
Province of Ontario to the works and plant of any municipal
corporation for the distribution of such power within the
limits of the municipality; provided that the track and
traffic, wires and poles of the company shall not be injured,
removed or otherwise dealt with in the exercise of the
powers hereby conferred except under and subject to any
agreement which may be entered into between the Lieuten-
ant-Governor in Council and the company.

Ontario Ran- 11. Wherever the provisions of the said Acts and of
toago4rn 19t6' The Ontario Railway Act, 1906, relate to the same subject

matter, the provisions of the said The Ontario Railway Act,

1906, shall prevail.

CHAPTER

1903

HAMILTON AND GUELPH JUNC. RY. CO. Chap. 109

799

CHAPTER 109.

An Act to incorporate The Hamilton and Guelph
Junction Railway Company.

Assented to 14th May, 1906.

WHEREAS Samuel Barker, William Vallance, Frank C. Preamble.
Bruce, Cyrus A. Birge, Alexander Turner, Robert C.
Fearman, William A. Holton, James W. Lamoreaux, Wil-
liam J. Grant and Sandford Dennis Biggar, all of the
Crty of Hamilton, in the County of Wentworth, have
by their petition prayed for an Act of incorporation under
the name of "The Hamilton and Guelph Junction Railway
Company" for the purpose of constructing and operating a
railway from a point in or near the City of Hamilton, in
the County of Wentworth, and from thence through the
Townships of Flamboro' West and Flamboro' East, in the
said County of Wentworth, and the Township of Nassa-
gaweya, in the County of Halton, to some point in or near
Guelph Junction on the line of the Ontario and Quebec
Railway, in the said Township of Nassagaweya; and
whereas it is expedient to grant the prayer of the said
petition ;

Therefore His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows : —

1. The said Samuel Barker, William Vallance, Frank C. incorporation.
Bruce, Cyrus A. Bir^-e, Alexander Turner, Robert C. Fear-
man, William A. Holton, James W. Lamoreaux, William

J. Grant and Sanford Dennis Biggar, together with such
persons as become shareholders in the company, are hereby
constituted a body corporate and politic under the name of
"The Hamilton and Guelph Junction Railway Company,"
hereinafter called "the company."

2. The persons named in section 1 of this Act are consti- Provisional
luted provisional directors of the company. directors.

800

Uhap 10 J HAMILTON AND GUELFH JUNC. RY. CO 6 EUW. VIL

cX'ther'on ^ caPita^ stocli of ^e company shall be $100,000.

No on call thereon shall exceed ten per cent, on the shares-
subscribed.

Head office.

4. The head office of the company shall be in the City
of Hamilton, in the Province of Ontario.

Annual
meeting.

5. The annual meeting of the shareholders shall be held
on the first Monday in September in each year.

Number of
directors.

6. The board of directors of the company shall consist of
seven persons.

Location
of line.

7. The company may lay out, and construct, and operate-
a railway from a point in or near the City of Hamilton, in
the County of Wentworth, and from thence through the
Townships of Flamboro' West and Flamboro' East, in the
said County of Wentworth, and the Township of Nassaga-
weyn, in the County of Halton, to some point in or near
Guelph Junction, on the line of the Ontario and Quebec
Railway, in the said Township of Nassagaweya.

Agreements
with other
companies.

8. The company may enter into agreements with the-
Canadian Pacific Railway Company for the sale, leasing-
or giving running rights over the company's tracks with
the said Canadian Pacific Railway Company on such terms,
and conditions as are agreed upon by the directors, ap-
proved of by two-thirds vote at a special general meeting
of the shareholders duly called for the purpose of con-
sidering it, and provided further that such agreement has.
also received the sanction of the . Lieutenant-Governor in
Council.

Bonds and
debentures.

9. The company may issue bonds, debentures or other-
securities to the extent of thirty-five thousand dollars per
mile of the railway

10. Save as herein otherwise provided, all the provisions

Provisions of „,,,,;-, r, .-, ■ in i , ,i • -i

OntRy. Act, of I lie Ontario Railway Act, 1906, shall apply to the said
)906,toapp]>. (.ompany an(] tfie railway to be constructed' under this.
Act.

CHAPTER

1906. KINGSTON, GANANOQUE AND PERTH BY. Chap. 110

SOI

CHAPTER 110.

An Act respecting- the Kingston, Gananoque and

HEREAS, the Kingston, Gananoque and Perth Elec- Preamble.

»* trie Railway Company has' by petition represented
that the said company was incorporated as the Kingston
and Gananoque Electric Railway Company by an Act
passed in the 58th year of the reign of Her late Majesty,
Queen Victoria, chaptered 104, and that by an Act passed
in the 3rd year of His Majesty's reign, chaptered 101, the
said above recited Act was revived and the time for the
commencement and completion of the railway of the said
company extended for the period of two years and five
years respectively, from the time of the passing of the
said renewing Act, and the name of the company was
changed to the Kingston, Gananoque and Perth Electric
Railway Company; and whereas the said company has
been unable to commence the said railway within the said
two years, and by their petition pray that the said time for
the commencement and completion of said work be
extended for two years and five years from the
passing of this Act, and that the said recited Acts
may be revived, and to extend the said railway north-
erly to the Village of Arnprior, in the County of Ren-
frew, and to authorize the use of steam or electricity or
both as the motive power of the said railway, or any part
thereof, and to change the name of the said company to
"The Kingston, Gananoque and Perth Railway Company;"
and whereas it is expedient to grant the prayer of the said
petition ;

Therefore, His Majesty by and with the advice and con-
°ent of the Legislative Assembly of the Province of On-
tario, enacts as follows;

Perth Electric Railway Company.

Assented to 14th May, 1906.

51 s.

802

Chap 110. KINGSTON, GANANOQUE & PERTH RY. 6 EDW. VII

58 V., c. 104,
revived.

Extension of
time for com-
mencement
and com-
pletion.

1. The Act passed in the 58th year of Her late Majesty's
reign, chaptered 104, and intituled An Act to incorporate
the Kingston and Gananoque Electric Railway Company,
as amended by the Act passed in the 3rd year of His Ma-
jesty's reign, chaptered 101, so far as it is not inconsistent
with the provision of The Ontario Railway Act, 1906, is
hereby revived, and the said The Kingston and Gananoque
Electric Railway Company is declared to be and to have
been from the date of the passing of the said first men-
tioned Act an existing corporation, and the time for the
commencement of the said railway is extended for two
years and the completion thereof and of the extension there-
of authorized by this Act for five years after the passing of
this Act.

bSitiSTwo be 2- Tlle company shall build at least ten miles of the said
years. railway within two years from the passing of this Act, and

in default thereof all the provisions of this Act shall be-
come null and void.

s8"Vamended ^- Section 2 of the said Act passed in the 58th year of
the reign of Her late Majesty, Queen Victoria, chaptered
104 as amended by section 2 of the Act passed in the 3rd
year of His Majesty's reign chaptered 101 is amended, by
inserting after the words "Village of Lanark" the words
"and thence in a northerly direction through the Town-
ships of Lanark and Pakenham, in the County of Lanark,
and the Township of McNab, in the County of Renfrew,
to the Village of Arnprior."

steamo?" by ^- The railway of the said company may be operated
electricity. by steam or electricity, or both steam and electricity, and

shall be subject to the provisions of The Ontario Railway

Act, 1906.

Name of
company.

5. The name of the said company is changed and the
corporate name thereof is declared to be "The Kingston,
Gananoque and Perth Railway Company;" and the names
of Joseph K. Kenny and Francis Pedley are substituted
as provisional directors in the name and place of J. B. Mc-
Arthur, deceased.

51a s.

CHAPTER.

1906. KINGSTON, PORTSMOUTH AND C. RY. Chap. Ill , 803

CHAPTER 111.

An Act respecting The Kingston, Portsmouth and
Cataraqui Electric Railway Company.

HEREAS the Kingston, Portsmouth and Cataraqui Preamble.

1 T Electric Railway Company has become financially
embarrassed and in order to continue the operation of its
road has entered into the agreements hereinafter mentioned
with the corporation of the City of Kingston and the cor-
poration of the Village of Portsmouth and with the
almost unanimous consent of those interested desires to
readjust its capital stock, bonds, and indebtedness, as
hereinafter provided, and has duly petitioned for the
ratification of said agreements and power to make said
readjustments; and whereas it is expedient to grant the
prayer of said petition ;

Therefore His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of On-
tario, enacts as follows : —

1. The agreement between the Kingston, Portsmouth Agreemen^set
and Cataraqui Electric Railway Company and the corpor- " a • and " b ; 1

ation of the City of Kingston which forms schedule "A"

of this Act, and the agreement between the Kingston,
Portsmouth and Cataraqui Electric Railway Company
and the corporation of the Village of Portsmouth, which
forms schedule "B" to this Act are hereby validated and
confirmed, and the said parties shall be taken to have had
power and authority to make the same at the time of the
date thereof respectively. Provided that nothing in either
of the said agreements contained, shall be held to exempt
any part of the property of the said company from assess-
ment and taxation for school purposes, but th,e property of
the company shall be assessed and school taxes shall be pay-
able thereon in the same manner and to the same extent as
on any other property in the said city and village

Assented to 14th May, 1906.

804

Chap. 111. KINGSTON, PORTSMOUTH AND C. RY. 6 EDW. VII

Reduction of 2. The capital stock of the company is hereby reduced
capital stock. frQm $2()0,000 to $50,000 preferred stock and $40,000

common stock, such preference and common stock to be

in shares of the par value of $100 each.

SockTcripand 3.. The directors of the company are hereby authorized
new issue oi. an(J empowered to call in the present stock scrip and to
issue to the holders thereof in lieu thereof stock scrip of
the said common stock in the proportion of one dollar
of new stock for every five dollars of the old, such new
scrip to be issued as fully paid up.

en"ee stockefer 4. The directors of the company are hereby authorized
and empowered to issue such preferred stock as fully paid
up to an amount equal to one quarter of the unsecured
indebtedness of the company on the 5th of January, 1906,
and to tender such preferred stock to the unsecured cred-
itors of the company, who were such on the said date, in
the proportion of one dollar of such stock, for every four
dollars of indebtedness due on said date, which indebted-
ness shall not bear interest after said date, and the tender
and delivery of such stock to such creditors in such pro-
portion shall be a satisfaction and payment in full of all
their claims against said company for said indebtedness.

hofdereof re sai(l preference stock shall entitle the holders

ference stock, thereof in priority to all other stockholders to payment
thereon each year of a dividend non cumulative of not
more than three per cent, per annum, should the net earn-
ings in each year justify the directors in declaring the
same.

issue of mort- 6. The directors of the company are hereby authorized
gage bonds. empowered to issue $100,000, 20 years first mortgage

bonds, or debentures of the company in sums of not less
than $100 each, signed by the president or vice-president
of the company and countersigned by the secretary of the
company, (such bonds, or debentures to bear date the 5th
day of January, 1906, and to bear interest at the rate of
four per cent, per annum, payable every half year, for
which coupons payable to bearer may be attached) for the
. purpose of redeeming the existing bonds, debentures and
coupons of the company and in lieu thereof, and to tender
said bonds or debentures to the holders of existing bonds,
debentures and coupons of the company in the proportion
of one dollar par value of new bonds for every four dollars
of indebtedness upon the said 5th day of January, 1906,
due by the company on the existing bonds, debentures and
coupons of the company and to pay any fractional amounts
in cash in the said proportion of one to four and said ten-
der and payment shall be a full satisfaction and payment
of all the indebtedness of the company on the existing

bonds,

1906.

KINGSTON, PORTSMOUTH AND C. ItY.

Chap. Ill

805

bonds, debentures and coupons, which shall not bear inter-
est after said 5th day of January. The residue of said
new bonds or debentures not required for such redemp-
lion may be sold by the said directors at a price not less
than par, the proceeds to be used for the purposes of the
company.

7. The provisions of sections 44 to 48, both inclusive, of ss?44 to 48 of*'
The Ontario JRaihvaij Act, 1906, shall apply so far as they ^ Ry- Act-
are not inconsistent with this Act to the issue of said bonds
or debentures, and said sections are hereby incorporated in
, this Act and made applicable to said bonds and debentures.

8. The said bonds or debentures to be issued as afore- Form of bonds
said shall be in the form set out in schedule "C" to this sdeben"
Act and the company shall secure such new bonds or
debentures by a mortgage deed in the form set out in
schedule "D" to this Act, and shall thereby confer on the
trustee all the rights, powers, and privileges therein con-
tained and any person purchasing the franchise of said
company at any sale under the powers contained in said
mortgage deed shall become entitled to all the powers,
rights and privileges enjoyed by said company under its
Act of Incorporation and amending Acts and shall be sub-
ject to the same duties, liabilities and obligations as the
said company. A duplicate copy of said mortgage deed
shall be filed with the Provincial Secretary and upon be-
ing so filed the provisions of The, Registry Act and BiU<
of Sale and Chattel Mortgage, Act shall not apply thereto.

SCHEDULE "A."

Memorandum of Agreement made this 5th day of July, A.D. 1905,
between the Kingston, Portsmouth & Cataraqui Electric Rail-
way Company, hereinafter called the Company, of the first
part; and the corporation of the City of Kingston, hereinafter
called the Corporation, of the second part.

Witnesseth, whereas the said company has become financially
involved, and has, in consequence, been obliged to suspend the
operation of its railway;

And whereas the company has applied to the council of the cor-
poration for certain modifications and additions to the agreement
at present existing between them, and it is expedient to grant the
same ;

Now this agreement witnesseth that the said parties covenant and
agree each with the other of them as follows':

1st. That all the property owned or occupied by the street rail-
way company in the City of Kingston and actually used by the
company for street railway purposes be and the same is hereby
exempted from municipal taxation for a period of fifteen years from
the date hereof, and for each year of a further period of ten years
thereafter in which the net profits of the company do not exceed
six per cent, on capitalization of $100,000, upon this agreement
being confirmed by an Act of the Legislative Assembly of the Pro-
vince of Ontario. Application for such Act shall be made by the
company at its own costs and charge.

2nd.

806

Chap. 111. KINGSTON, PORTSMOUTH AND C. EY. 6 EDW. VII

2nd. That the company and corporation shall be entitled each to
the use of the poles of the other for its purposes where such com-
mon user shall not interfere with the use of such poles by the party
owning such poles.

3rd. Sub. clause (c) of clause 16 of the agreement between the
said parties, dated 9th May, 1893, shall hereafter apply only to
the car service upon the company's entire railway between the 15th
June and 15th September in each year, and during the period
between the 15th September in each year and the loth June of the
succeeding year until it is otherwise agreed upon between the parties
hereto the cars shall be run so that not more than twenty-five
minutes shall elapse between the passage of one car in either direc-
tion at any point on the line and the arrival of another car at the
same point.

4th. The company shall, during the remainder of the term or
terms during which it shall operate its railway within said city, be"
relieved and exonerated from the obligations imposed upon the
company by clause "15 of the agreement between the parties hereto,
dated 9th May, 1893, to repair certain portions of the streets in
and along which the tracks of the said company are laid ; provided,
however, that the company shall be bound to make, at its own
cost and charge, repairs to the streets necessitated by the distur-
bance of the streets arising from the removing, laying or repair-
ing its track, or any part of the same.

5th. The company shall, at its own cost and charge, and for the
purpose of operating its cars, remove the snow from its tracks by
means of plows, sweepers, or otherwise, but in case the snow shall
accumulate at the side of the company's tracks to such an extent
that it is in the judgment of the city engineer of the corporation
reasonably impracticable to keep the track clear of snow by means
of sweepers for the purpose of operating the cars, then, in case the
snow is not removed by the city at its sole cost and charge, the
company shall have the option of discontinuing operation until the
track becomes clear of snow and ice again. In case the corpora-
tion or company is dissatisfied with the judgment of the city engin-
eer either shall have the right to apply to the Chancellor of Ontario
who shall have power to name an independent engineer, whose
decision as to the reasonable impracticability of keeping the track
clear shall be final and binding on the parties hereto. These pro-
visions are to supersede all provisions as to the removal of snow
and ice from the streets in existing agreements heretofore made
between said parties.

6th. The company shall have the right to discontinue the service
of its cars upon its Williamsville branch westerly from the inter-
section of Princess and Alfred Streets during all or any portion
of the year.

7th. The company shall have the right to double its tracks upon
all the streets of the said city upon which its tracks are now laid,
but the laying of such tracks and the restoration of the streets
disturbed thereby shall be made and done at the cost and charge
of the company.

8th. The company shall have the option of substituting stoves
for the purpose of heating its cars in lieu of the electric heaters
at present used for that purpose.

9th. That all accounts now due and owing by the company to the
corporation for power supplied, and in respect of the cost of snow
removed, shall be remitted and discharged.

10th. In case after the railway has been in operation for a period
of one year from the date hereof, it is found to be impossible to
pay expenses, the company shall have the right to discontinue the
operation of the railway, and to take up and remove the poles,
rails and other material being erected in and along the streets of
the city, but shall restore the streets or parts of streets disturbed
by said taking up and removal, and the company shall, upon such
discontinuance of operation for a period of three months, upon one
month's notice by the corporation to that effect, be compellable to

take

1906. KINGSTON, PORTSMOUTH AND C. RY. Chap. Ill

take up and remove all said poles, rails and other material, and
to restore the streets and parts of streets disturbed as aforesaid at
the cost of the company, and, if the company shall fail within a
reasonable time after such notice to resume the operation of the
railway, as required by the agreement, or to take up and remove
said rails, poles and other material and restore said streets and
parts of streets as aforesaid, the corporation may take up and
remove the same and charge the cost of the same against the com-
pany, and shall have a lien upon the poles, rails and other material
so taken up and removed for the expense so incurred by the cor-
poration.

Provided, however, that the corporation shall have the right
to purchase, before removal, at a price equal to that which can
be obtained by the company for the said poles, rails and other
material when taken up, but less the cost of taking same up and
restoring the streets disturbed thereby.

11th. In case the company shall instal engines and generators on
the property of the corporation, and enters into an agreement with
the corporation for the supply of power to operate its road, it shall
be entitled to remove said engines and generators at its own
expense, making good any injury occasioned thereby to the property
of the corporation.

12th. The corporation shall provide space for and allow the com-
pany to instal engines and generators at its own expense for the
operation of its railway, and, in case the company instals engines
and generators on the property of the corporation for the pur-
poses of operating its railway, then the company shall make at its
own cost and charge all necessary repairs to said generators and
engines, and the corporation shall, for a period of one year, or
four years, at the option of the company, supply the necessary
steam, oil, waste and attendance for the operation of said road at
the following prices to be paid monthly on presentation of accounts
by the corporation, namely, at 1 2/3 cents per kilowatt hour mea-
sured at the switchboard, but not to exceed $2.50 per car per day
of 15 hours for regular passenger cars. When an account has been
presented and remains overdue and unpaid for fifteen days there-
after the corporation may discontinue the supply of power to the
company under this agreement, but electric current at said rate
shall be furnished only for propelling and lighting the cars of the
company, and not for heating the same.

13th. The company shall have the right to lay a water main from
its premises on which its power plant is situated to the waters of
the harbour, but subject to the by-laws of the corporation and to
the supervision of the city engineer of the corporation.

14th. The corporation shall not be liable in damages to the com-
pany for any loss arising to the company from any cause whatever,
excepting a breach of some provision of this contract, nor shall
the company be liable to indemnify the corporation against liabili-
ties arising from non-repair of the streets, save and except where
there is a duty to repair imposed upon the company by this agree-
ment.

15th. The company shall begin to operate the railway, pursuant
to the terms of this agreement, within two weeks after the execu-
tion of this agreement by the corporation.

In witness whereof the parties have executed this agreement.

Kingston, Portsmouth & Cataraqui Electric Railway Company,

Per H. W. Richardson. President.

(L.S.)

W. F. NlCKLE,

Secretary.

R. W. F. McFarlane, Mavor.

(L.S.)

L. "W. Shannon,

City Clerk.

SCHEDULE "B."

808

Chap. 111. KINGSTON, PORTSMOUTH AND C. R¥. 6 Ed\V. VII

SCHEDULE "B."

Memorandum of Agreement made this twenty-fifth day of July,
A.D. 1905, between the corporation of the Village of Ports-
mouth, hereinafter called the Corporation, of the first part ;
and the Kingston, Portsmouth and Cataraqui Electric Railway
Company, hereinafter called the Company, of the second part.

Witnesseth, whereas the said company has become financially
involved, and was, in consequence, obliged to suspend the opera-
tion of its railway ;

Now this agreement witnesseth that the said parties covenant and
agree each with the other of them as follows :

1st. That all the property owned or occupied by the street railway
company in the Village of Portsmouth and actually used by the
company for street Railway purposes be and the same is hereby
exempted from municipal taxation for a period of fifteen years
from the date hereof, and for each year of a further period of ten
years thereafter in which the net profits of the company do not
exceed six per cent, on capitalization of $100,000, upon this agree-
ment being confirmed by an Act of the Legislative Assembly of the
Province of Ontario. Application for such Act shall be made by
the company at its own costs and charge.

2nd. The said company not having, in the construction of their
railway, laid their rails flush with the street, as provided in the
existing contract, the corporation consent to allow them to continue
as they at present exist, and the corporation further consent to
relieve the company from the positive obligation to repair and keep
in thorough repair all street surface, and all crossings inside the
rails and eighteen inches outside the rails, and, where there is a
switch or side track, the space between the two sets of tracks, as
provided by paragraph 13. subsection "A'' and "B'' of the said ex-
isting agreement, which subsections are hereby cancelled, and in
consideration thereof the said company covenant and agree with the
said corporation to indemnify and save them harmless against all
loss, costs, expenses or damages, which they may have to pay of
may incur through claims, actions or proceedings against said
corporation by reason at any time of the said rails not being flush,
and the said repairs done, and kept done, as provided by said
existing agreement were it continued in force.

3rd. Subsection (c) of clause 14 of the said existing agreement
between the parties, dated 13th March, 1894, is varied by providing
that between the 15th September in each year, and the 15th June
of the succeeding year, until it is otherwise agreed upon between
the parties hereto, the cars shall run so that not more than twenty-
five minutes shall elapse between the passage of one car in either
direction at any point on the line and the arrival of another car
at the same point, and the said sub-clause stands with such varia-
tion, except as hereinafter provided.

4th. Whenever, in future, the company shall be unable to run
their cars further than Short's Corner without the removal of snow
or ice from the track beyond that point they shall be under no
obligation to remove the same, and they may stop their cars at
said corner instead of proceeding further west.

5th. The company shall have the option of substituting stoves for
the purpose of heating its cars in lieu of the electric heaters at
present used for that purpose.

6th. In case, after the railway has been in operation for a period
of one year from the date hereof, it is found to be impossible to
pay expenses, the company shall have the right to discontinue the
operation of the railway, and to take up and remove the poles,
rails and other material being erected in and along the streets of

the

1906.

KINGSTON, PORTSMOUTH AND C. RY.

Chap. Ill

809

the villag | but shall restore the streets or parts of streets disturbed
by said taking up and removal, leaving said streets in a safe con-
dition, satisfactory to the corporation, and the company shall, upon
such discontinuance of operation for a period of three months,
upon one month's notice by the corporation to that effect, be com-
pellable to take up and remove all said poles, rails and other mater-
ial, and to restore the streets and parts of streets disturbed as
aforesaid at the cost of the company, and, if the company shall
fail within a reasonable time after such notice to resume operation
of the railway as required by the agreement, or to take up and
remove said rails, poles and other material and restore said streets
and parts of streets as aforesaid, the corporation may take up and
remove the same and charge the cost of the same against the com-
pany, and shall have a lien upon the poles, rails and other material
so taken up and removed for the expense so incurred by the cor-
poration. Should t lie company at any time desire or be compelled
to remove the rails, poles and material under this provision, it
shall deposit with the reeve $500.00 as a condition precedent, said
sum to be held as security for the due performance of their obliga-
tions hereunder.

7th. When the cars are prevented from running in the City of
Kingston, owing to the failure of the city to remove the snow and
ice, as provided by the agreement with the city, the company may
desist from running them through the Village of Portsmouth.

In witness whereof the parties have executed this agreement.

Kingston, Portsmouth & Cataraqui Electric Railway Company,

Per H. W. Richardson,

President.

(L.S.)

W. F. Nickle,
Secretary.

Jno. Fisher,

Reeve.

(L.S.)

J. W. Henstridge,

Acting Clerk.

SCHEDULE "C."

Dominion of Canada, Province of Ontario,

No. $100,000.

Kingston, Portsmouth & Cataraqui Electric Railway
Company Debenture.

The Kingston, Portsmouth & Cataraqui Electric Railway Com-
pany hereby acknowledges itself indebted, and promises to pay to
the bearer hereof on the fifth day of January, 1926, at the office of
the said company, in the City of Kingston, the sum of

dollars in gold coin, with interest at the rate of
four per cent, per annum, payable half-yearly on the fifth days of
January and July in each year, said interest being payable on the
presentation of the proper coupons hereunto annexed at the said
office in the City of Kingston.

This debenture is issued under the authority of an Act of the
Legislature of the Province of Ontario respecting the Kingston,
Portsmouth & Cataraqui Electric Railway Company, 6 Edward
VII., chapter No. Ill, and forms a first preferential olniTi >"H
charge upon the company, and the franchise, undertaking, tolls
and income, rents and revenues, and the real and personal pro-

perty

810

Chap. 111. KINGSTON, PORTSMOUTH AND C. RY. 6 EDW. VII

perty thereof now or at any future time acquired after tb' payment
from the tolls and income of the working expenses of tl) a railway,

as defined by The Ontario ltailway Act, 1906, and is secured by a
mortgage deed dated the day of

and made between the said company of the
one part, and of the other part,

upon the franchise, undertaking, tolls and income, rents and reven-
ues, and real and personal property thereof, present and future,
subject to the conditions heretofore mentioned.

The total amount of the debentures of this issue is one hundred
thousand dollars.

This debenture is subject to the conditions endorsed hereon.

In witness whereof the said railway company has caused its cor-
porate seal to be affixed hereto, and these presents to be subscribed
bv its president and secretary, at Kingston, Ontario, this

day of A.D. 190 .

1. Each holder of the said debentures shall be deemed to be a
mortgagee or incumbrancer upon the said securities pro rata with
all the other holders.

2. All the debentures shall he payable pari passu without prefer-
ence or priority one over another.

3. The company shall not be at liberty to create any mortgage
or charge upon the securities comprised in the mortgage deed
neither in favour of its bankers for advances nor in favour of any
person for any reason whatsoever either in priority to or to rank
pari passu with the charge hereby created.

4. The principal moneys hereby secured shall become immediately
payable in the following events :

(a) If the company makes default for one year in the payment
ot any interest hereby secured, and the bearer, before such interest
is paid, by notice in writing to the company, calls in the said prin-
cipal moneys ;

(6) If a receiver is appointed of the property charged, or any of

it.

5. If the company makes default in paying the principal or inter-
est on any of the debentures at the time when the same becomes
due or payable, then at the next annual general meeting of the
company, and at all subsequent meetings, all holders of debentures
so being and remaining in default shall, in respect thereof, have
and possess the same rights and privileges and qualifications for
being elected directors and for voting at general meetings as would
attach to them as shareholders if they held fully paid-up shares of
the company to a corresponding amount.

Provided the debenture in respect of which he claims to exercise
such rights had been registered in his name, in the same manner
as the shares of the company are registered, at least ten days before
he attempts to exercise the right of voting thereon, and the com-
pany shall be bound, on demand, to register such debentures, and
thereafter any transfer thereof, in the same manner as shares or
transfers of shares.

6. The holders of these debentures are entitled pari passu to the
benefit of a mortgage deed dated the day of

A.D. 190 , and made between the comoany of
the one part, and of the other

part, whereby all the franchise, undertaking, tolls and income,
rents and revenues, and real and personal property of the company,
present and future, has been conveyed to the said trustee upon
trust for further securing the principal moneys and interest secured
under the said series of debentures, subject to the payment from the
tolls ancl income of the working expenses of the railway.

This debenture is subject to all the privileges and conditions con-
tained in the said trust deed.

This

1906. KINGSTON, PORTSMOUTH AND C. RY. Chap. Ill

SCHEDULE "D."

This Indenture made the day of

A.D.190 , between the Kingston, Portsmouth & Cataraqui
Electric Railway Company, hereinafter called "the Company,"
of the one part, and

hereinafter called "the Trustee," of the other part.

Whereas the company, being duly empowered in that behalf, has
resolved to raise the sum of one hundred thousand dollars by the
issue of mortgage debentures for that amount, bearing interest at
the rate of four per centum per annum, and has agreed to further
secure the payment of the principal and interest payable in respect
of such debentures by transferring to the trustee the property here-
inafter conveyed upon trusts hereinafter appearing.

And whereas the said
has consented to act as trustee for the holders of the said deben-
tures.

Now this indenture, made in pursuance of the said agreement,
and in consideration of the premises, witnesseth and declares as
follows :

1. The company, for itself and its assigns, hereby covenants with
the trustee and his successors that the company will duly pay to
the holders for the time being of the debentures forming part of
the said issue of one hundred thousand dollars, the respective sums
which shall from time to time become due to such holders for prin-
cipal and interest under the said debentures at the respective times
at which the same shall respectively become due, and in accordance
with the conditions of such debentures.

Provided, always, that the trustee shall be bound to bring any
action or take any proceeding against the company under the cove-
nant hereinbefore mentioned upon the requisition of any holder of
a debenture or debentures, such holder giving full and satisfactory
indemnity against all costs and expenses to be incurred in such
action or proceeding.

2. The company hereby grants and assigns unto the said trustee
the franchise, undertaking, tolls and income, rents and revenues,
and real and personal property of the company, present and future,
(provided, always, that such rents and revenues shall be subject
to the payment of the working expenditure of the railway as defined
by The Ontario Railway Act, 1906, to have and to hold ti,
hereditaments and premises hereby granted and assigned
(hereinafter called the mortgaged property) as to the real
estate comprised therein unto and to the use of the trustee
in fee simple, and as to the personal property comprised therein
to the trustee absolutely upon trust as to both for securing to the
respective holders of said debentures forming part of the issue of
one hundred thousand dollars without preference or priority, the
principal moneys and interest payable thereunder in manner fol-
lowing.

3. The company shall be entitled and shall be permitted by the
trustee to hold and enjoy all the mortgaged property, and to carry
on their business therein and therewith until default shall be made
for one year in the payment of any principal or interest secured
by the debentures, but so that the company shall not charge any
ipart of the mortgaged property with any principal moneys or inter-
est ranking in priority to the charge hereby created in favour of
the said debenture holders, or pari passu with such debentures,
neither in favour of its bankers for advances, nor in favour of any
person for any reason whatsoever.

4. If the company shall make default for one year in payment of
any principal moneys or interest secured by the debentures of the
company, or if, for any reason, the trustee may consider the secur-
ity imperilled, the trustee may, in his discretion, and shall, upon the
request in writing of holders of debentures to the aggregate amount
of twenty thousand dollars, enter upon and take possession of the
mortgaged property, and shall, upon the like request, sell and dis-
pose

812

Chap. 111. KINGSTON, PORTSMOUTH AND C. EY. 6 EdW. YII

pose of the said mortgaged property upon terms and conditions to
be fixed by the High Court of Justice for Ontario, or a Judge
thereof, on the application of the said trustee, notice of which appli-
cation shall be given by publication in the Canada Gazette, and
in a paper published in each of the counties in which any part of
the mortgaged property is situated, once a week for nine succes-
sive weeks, and, at the hearing thereof, any holder of a debenture
or debentures shall he entitled to be represented and to produce
evidence as to the value of the mortgaged property, and as to the
advisability of the terms and conditions of sale.

And it is hereby declared that upon any such sale purporting
to be made in pursuance of the aforesaid power or trust in that
behalf, the purchaser or purchasers shall not be bound to see or
inquire whether any such request as aforesaid to make entry and
a sale has been made by any of the debenture holders, or whether
any such default as aforesaid, or whether any default has been
made in payment of any principal or interest intended to be hereby
secured at the time appointed for the payment thereof, or whether
any money remains on the security of these presents or otherwise
as to the propriety or regularity of such sale, and notwithstanding
any impropriety or irregularity whatever in any such sale, the
sale shall, as far as regards the safety and protection of the pur-
chasers, be deemed to be within the aforesaid power in that behalf,
and be valid and effectual accordingly.

5. On receipt of any request as hereinbefore mentioned, to enter
or sell, the trustee shall give immediate notice thereof in writing
to the company, and shall not enter or sell in pursuance of such
request if the company shall prove to the said trustee that they
have, within one calendar month next after notice to them of re-
entry or sale, duly paid all principal and interest so in arrear.

6. The trustee shall hold the moneys which shall arise from any
sale made in pursuance of the aforesaid trust in that behalf upon
trust that he shall, in the first place, by and out of the same, reim-
burse himself, or pay and discharge all the costs and expenses
incurred in or about such sale, or otherwise, in respect of the pro-
perty.

And, in the next place, shall by and out of the same, pay the
moneys for the time being due and owing for principal and inter-
est on all the debentures of the company forming part of the afore-
said issue of one hundred thousand dollars, whether such debentures
shall have fallen due or not, and shall pay the surplus of the moneys
arising from such sale to the company, or its assigns.

But in case such moneys shall be insufficient to pay in full the
principal moneys and interest due on the said debentures, the same
shall be apportioned ratably, and without any preference or priority
among all the holders of such debentures, according to the amount
of their debentures.

7. The trustee may, whenever the said power of entry or sale has
become exercisable, appoint any one or more persons receiver or
receivers of the mortgage property, and may, from time to time,
remove any such receiver and appoint a new receiver in his place.
But such appointment, whether before or after the aforesaid power
of sale has arisen, shall not prejudice the aforesaid power of sale
or any other of the powers and remedies hereby given to the trus-
tee in respect of any previous or subsequent default which would
otherwise entitle the trustee to exercise any such power or remedy.

8. The trustee may, after he has entered and taken possession
of the mortgaged property, and until the same is sold under the
trust deed before declared, carry on the business of the company,
and manage and conduct the same as he shall, in his discretion, see
fit.

And may repair and keep the said property in repair, and do
all things necessary and incident to the carrying on of the work
of the railway, and may insure the said property against damage
by fire, as he shall think fit.

1906.

KINGSTON, PORTSMOUTH AND C. KY.

Chap. Ill

813

9. The company, for itself and its assigns, hereby covenants with
the trustee, and his successors, that it will observe and perform the
conditions endorsed on the said debentures, and in particular will
not create any charge on the mortgaged property ranking in prior-
ity to, or pari passu, with the mortgage hereby created.

10. The trustee may, at any time, call a meeting of the bond-
holders by advertisement, as herein provided, to discuss matters
affecting their interest.

11. Upon a request in writing being made by the holders of deben-
tures to the aggregate amount of twenty thousand dollars to the
trustee either to enter or sell, or both, full and satisfactory indem-
nity shall be given by them against any <osts or expenses which
may be incurred in enforcing this security.

Provided, always, that the principal moneys hereby secured, one
hundred thousand dollars, shall immediately become payable in the
following events :

(o) If the company makes default for one year in the payment of
any interest hereby secured, and the holder of the debenture, before
such interest is paid, by notice in writing to the company, calls in
the principal moneys of such debenture;

(b) If a receiver is appointed of the mortgaged property, or any
part of it.

13. If, at any time or times, the position of trustee shall become
vacant, then, on the application of the company or any holder of
debentures, notice of which shall be given as hereinbefore provided,
a Judge of the High Court of Justice for Ontario may appoint such
person to be trustee as may to him seem fit, and, on such appoint-
ment, the said mortgaged property shall vest in such, and such
persons shall be vested with the same rights, powers, authorities
and interests and privileges as are given to the trustee herein
named, without any conveyance, act or deed.

14. If the company makes default in paying the principal or inter-
est on any of the debentures at the time when the same becomes
due or payable, then at the next annual general meeting of the
company, and at all subsequent meetings, all holders of debentures
so being and remaining in default shall, in respect thereof, have
and possess the same rights and privilages and qualifications for
being elected directors and for voting at general meetings as would
attach to them as shareholders if they held fully paid-up shares of
the company to a corresponding amount.

Provided the debenture in respect of which he claims to exercise
such rights had been registered in his name, in the same manner
as the shares of the company are registered, at least ten days before
lie attempts to exercise the right of voting thereon, and the com-
pany shall be bound, on demand, to register such debentures, and
thereafter any transfer thereof, in the same manner as shares or
transfers of shares.

15. The compaTi'- for itself and its assigns, covenants with the
said trustee, and his successors, that the company has the right to
convey the said lands, notwithstanding any act of the said com-
pany.

That, in default, the trustee shall have quiet possession of the
said lands free from all encumbrances. That the company will
execute such further assurances of the said lands as may be neces-
sary. That the company has done no act to encumber the said
lands.

The covenants in this section contained shall be construed accord-
ing to the tenor and effect of the several and respective forms of
covenants set forth in Schedule B to the Act respecting Short Forms
of Conveyances, R.S.O. 1897, chapter 124, and therein numbered
2. 3, 4, 5 and 7.

In witness whereof the company has caused its corporate seal to
be hereunto affixed, and these presents to be signed by its presi-
dent and secretary, and the trustee, to evidence his acceptance of
the said trust, has, likewise, signed and sealed these presents.

CHAPTER

814

Chap. 112. NORTH MIDLAND RAILWAY COMPANY. EDW. VII

CHAPTER 112.

An Act respecting The North Midland Railway

Company.

Assented to 14th May, 1906.

Preamble. ^l^HEREAS the North Midland Railway Company was
T T incorporated by an Act passed in the fourth year of
the reign of His Majesty King Edward the Seventh, and
chaptered 84, for the purpose of constructing and operating
an electric railway between the points set out in the said
Act; and whereas the said company has by its petition
prayed that the time for the commencement and comple-
tion of the said railway may be extended; and whereas it
is expedient to grant the prayer of the said petition;

Therefore His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

4 Edvv. VII.,
C. 8t, s. 29,
repealed.

1. Section 29 of the Act passed in the 4th year of His Ma-
jesty's reign, chaptered 84, is repealed.

Times for com-

of lines.

2. The railway authorized by the said Act and by this
an^compfetion Act shall be commenced within two years and completed
within four years after the passing of this Act ; and if
the construction of the railway is not commenced and fif-
teen per cent, of the amount of the capital stock is not ex-
pended thereon within two years after the passing of this
Act, or if the railway is not completed and put in operation
within four years from the passing of this Act, then the
powers granted to the company by the said Act and by this
Act shall cease, and be null and void as respects so much
of the railway as then remains uncompleted.

Certain pro-
visions of Ont.
Ry. Act, 1906,
to apply.

3. Notwithstanding anything contained in the said Act
of Incorporation, all the provisions of The Ontario Railway
Act, 1906, applicable to railways to be operated by elec-
tricity, shall apply to the said company and the railway
to be constructed under this Act.

CHAPTER

1906.

ONTARIO WEST SHORE ELECTRIC RY. CO. Chap. 30

518

CHAPTER 113.

An Act respecting The Ontario West Shore Electric
Railway Company

Assented to 14th May, 1906.

WHEREAS Joseph. Thomas Goldthorpe, Daniel Mc- Preamble.
Gillicuddy, James Wilson and Malcolm Graeme
Cameron were, hy an Act passed in the 2nd year of His
Majesty's reign, chaptered 78, incorporated as a company
under the name of The Huron, Bruce and G;ey Electric Rail-
way Company, for the purpose of constructing and operating
an electric railway from the Town of Goderich along the
route set forth in the said Act; and whereas the said Act
was amended hy an Act of the Legislature of Ontario
passed in the 3rd year of His Majesty's reign, chaptered
98, whereby the name of the said company was changed,
and the corporate name of the company declared to he
The Ontario West Shore Electric Railway Company; and
whereas the said company has been unable to commence
the construction of the said railway within the two years
required by section 22 of the said Act passed in the 2nd
year of His Majesty's reign, chaptered 78; and whereas
the said company has petitioned for an Act to revive the
Act of Incorporation of the company, and that the time
for the commencement of the railway be extended for two
years, and the completion thereof for four years from the
passing of this Act;

Therefore His Majesty, by and with the advice and con-
sent of the Legislative Assembly of tne Province of On-
tario, enacts as follows: —

1. The Act passed in the 2nd year of His Majesty's reign, Extension of
chaptered 78, and intituled "An Act to incorporate The mence'ment1
Huron, Bruce and Grey Electric Railway Company," as JP^g?00"
amended by the Act of the Legislature of Ontario passed
in the 3rd year of His Majesty's reign, chaptered 98, is
hereby revived, and the said The Ontario West Shore Elelc-
tric Railway Company, save as herein otherwise provided,
is declared to be and to have been from the date of the

parsing

816

Chap. 30. OVIAKIO WEST SHORE electric KY. CO. 6 Edw. VII

passing of the said Act an existing corporation as incor-
porated by and subject to the provisions of the said Act as
amended by the Act passed in the 3rd year of His Majesty's
reign, chaptered 98, intituled 'An Act to amend the Act
incorporating The Huron, Bruce and Grey Electric Railway
Company," and by this Act and the time for the com-
mencement of the said railway is hereby extended to two
years, and the completion to four years after the passing of
this Act ; and if the construction of' the railway is not
commenced and fifteen per cent, of the amount of the capi-
tal stock is not expended thereon within two years after the
passing of this Act, or if the railway is not completed and
put in operation within four years from the passing of this
Act, then the powers granted to the said company by the
said Act of Incorporation, and by the said amending Act.
and by this Act, shall cease, and be null and void as respects
so much of the railway as then remains uncompleted.

certain pro- 2. Notwithstanding anything contained in the said Act
Ry°Aet,fi90fi! of Incorporation, and the said amending Act, all the provi-
to apply. sions of The Ontario Railway Act, 1906, applicable to rail-
ways to be operated by electricity, shall apply to the said
company and the railway to be constructed under this
Act.

CHAPTER

1906 PEMBROKE RADIAL RAILWAY COMPANY. Chap. 114 817

CHAPTER 1U.

An Act to incorporate the Pembroke Radial Rail-
way Company.

Assented to 14th May, 1906.

WHEREAS Alexander Millar, Robert W. Gordon, Preamble-
Robert Booth, Albert T. Mackie, James Coxford,
Edward A. Dunlop and John G. Forgie, have by their
petition applied for an Act of Incorporation under the
name of "The Pembroke Radial Railway Company" for
the purpose of constructing and operating an electric rail-
way from some point in or near the Town of Pembroke, in
the County of Renfrew, through the said Town of Pem-
broke and the Townships of Pembroke, Stafford, Alice and
Petewawa in the said County of Renfrew to the Town plot
of Petewawa in the said Township of Petewawa, and
through the said Town of Pembroke and the Townships
of Pembroke and Westmeath to the Villages of Westmeath
and Beachburg in the said Township of Westmeath, and
through the said Town of Pembroke and the Townships
of Pembroke, Stafford, Alice, Wilberforce, Bromley, Ross
and Westmeath by way of Locksley, Rankin, Micksburg,
Osceola, Cobden and Forrester's Falls or any of them, to
the said Village of Beachburg, all in the said County of
Eenfrew; and whereas it is expedient to grant the prayer
of the said petition;

Therefore His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. Alexander Millar, Robert W. Gordon, Robert Booth, incorporation.
Albert T. Mackie, James Coxford, Edward A. Dunlop and
John G. Forgie, and such other persons and corporations
as shall hereafter become shareholders in said company
are hereby constituted a body corporate and politic under
the name of "The Pembroke Radial Railway Company,"
hereinafter called "the company."

52 s. 2

818

Chap. 114. PEMBROKE RADIAL RAILWAY COMPANY. 6 EDW. VII

Location
of line.

2. The company is authorized and empowered to lay out,
construct and operate, by electricity, a railway from some
point in or near the Town of Pembroke, in the County of
Renfrew, through the said Town of Pembroke and the
Townships of Pembroke, Stafford, Alice and Petewawa
in the said County of Renfrew, to the town plot of Pete-
wawa, in the said Township of Petewawa, and through
the said Town of Pembroke and the Townships of Pem-
broke and Westmeath to the Villages of Westmeath and
Beachburg in the said Township of Westmeath, and
through the said Town of Pembroke and the Townships of
Pembroke, Stafford, Alice, Wilberfoce, Bromley, Ross and
Westmeath by way of Locksley, Rankin, Micksburg, Osce-
ola, Cobden and Forrester's Falls or any of them, to the
said Village of Beachburg, all in the said County of Ren-
frew.

Provisional
direciors .

3. The said Alexander Millar, Robert W. Gordon,
Robert Booth, Albert T. Mackie, James Coxford, Edward
A. Dunlop and John G. Forgie shall be and are hereby con-
stituted a board of provisional directors of the said com-
pany.

Capital stock. 4. The capital stock of the company shall be $500,000.
calls thereon. No one call thereon shall exceed ten per cent, on the shares
subscribed.

Number of
directors.

5. The number of directors of the company shall not be
less than five nor more than twelve.

Head office. 6. The head office of the company shall be at the said
Town of Pembroke, in the County of Renfrew.

Bonding
powers.

Certain provi-
sions of Ont.
Ry. Act, 1906,
to apply.

7. The issue of bonds, debentures or other securities b~
the company shall not exceed $25,000 per mile of the rail
way.

8. All the provisions of The Ontario Railway Act, 1906,
applicable to railways to be operated by electricity, shall
apply to the company and the railway to be constructed
under this Act.

52a s.

CHAPTER

1906.

PEMBROKE SOUTHERN RAILWAY CO.

Chap. 115

819

CHAPTER 115.

An Act respecting the Pembroke Southern Railway

Company.

Assented to 14th May, 1906.

WHEREAS the Pembroke Southern Railway Company, preamble,
hereinafter called the "Company," has, under the
various Acts incorporating and relating to the company,
constructed, from the Town of Pembroke, in the Coun%-
of Renfrew, to Golden Lake, in the said county, its line
of railway by the said Acts authorized; and whereas the
company by its petition has prayed for power to extend
its said line of railway from a point at or near the Town
of Pembroke, through the Townships of Pembroke, Staf-
ford, Alice and Petewawa, to a point in the said Township
of Petewawa; and whereas it is expedient to grant the
prayer of the said petition. —

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows : —

1. The company may construct, equip, maintain and construction of
operate an extension of its line of railway from a point at \\nc [roni . .

1 Vinbrokc into

or near its present northern terminus in the Town of Pern- township of
broke, in the County of Renfrew ; thence through the Town- etewawa-
ships of Pembroke, Stafford, Alice and Petewawa, in the
said County of Renfrew, to a point in the said Township
of Petewawa.

2. The company shall have and enjoy asd be entitled toPowersof
all the rights, powers and privileges and advantages °f su?hPextenS to
every nature and kind, whether had under the Act of in-sion.
corporation and other Acts relating to the company or
otherwise, with reference to all matters necessary for the
construction, equipment, maintenance and operation of the

said extension, in as full and ample a manner as if the said
extension had been a part of the original undertaking of
the company.

820 Chap. 115. PEMBROKE SOUTHERN RAILWAY CO. 6 Edw. VII

Bonding 3. The company may issue bonds, debentures or other

extension, securities to the extent of $ 15, 000 per mile of the exten-
sion hereby authorized.

Time for com-- 4. The said extension shall be commenced within two
arfdcompie- j j years and completed within three years from the passing of

tionofexten-. ^ A(jt>

CHAPTER

1906. PETERBOROUGH RADIAL RAILWAY. Chap. 116 821

CHAPTER 116.

An Act respecting the Peterborough Radial
Railway Company.

Assented to 14th May, 1906.

WHEREAS the Peterborough Radial Railway Com- Preamble.,
pany, hereinafter called "the company," incorporated
by an Act of the Legislature of Ontario, passed in the second
year of His Majesty's reign, chaptered 91, has by its peti-
tion prayed that an Act may be passed granting permission
to extend its line of railway, as authorized by said Act of
Incorporation, from a point on Clear Lake through the
Townships of Douro and Dummer or the Township of Smith
to a point on Stony Lake, all in the County of Peterborough,
and has further prayed that the time for the completion of
the whole undertaking be extended for a period of five
years from the date hereof; and whereas it is expedient to
grant the prayer of the said petition;

Therefore His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of Ontario,
enacts as follows :

1. The company is authorized and empowered to lay out, Extension of
construct and operate, by electricity, an extension of the> auttwnzed.
company's railway from a point on Clear Lake through the
Townships of Douro and Dummer or the Township of

Smith, to a point on Stony Lake, all in the County of Peter-
borough.

2. The time for the completion of the whole undertaking Time for
referred to in the said Act of Incorporation and in this comPletion
Act, is hereby extended for a period of five years from the
passing of this Act, provided that one of the sections of

the railway outside of the City of Peterborough shall be
commenced within three years from the passing of this
Act.

3. If one of the sections outside of the City of Peterbor- Art to be of no
ough is not commenced within the time limited as aforesaid, effect lf one

and

822

Chap. 116. PETERBOROUGH RADIAL RAILWAY. 6 EDW. VII

and the railway completed within five years from the pass-
ing of this Act, then the powers granted by this Act shall
cease, and be null and void as respects so much of the rail-
way as at the expiration of either of the said periods of.
time remains uncompleted.

4. The Ontario Railway and Municipal Board, upon re-
user£htof ceiving instructions in that behalf from the Lieutenant-
transmiss?on of Governor in Council, and the officers, agents and servants
power to muni- of the Board, may at all times enter upon the right of way
cipahties. 0£ ^e comparLy an(j may (Jig Up the same, erect thereon all

necessary poles, or lay all necessary conduits, and erect,
place and put down all cables, wires and poles for the trans-
mission of electrical or other power from any point in the
Province of Ontario to the works and plant of any municipal
corporation for the distribution of such power within the
limits of the municipality; provided that the track and
traffic, wires and poles of the company shall not be in-
jured, removed or otherwise dealt with in the exercise of the
powers hereby conferred except under and subject to any
agreement which may be entered into between the Lieuten-
ant-Governor in Council and the company.

section not
completed
within time
limited,

CHAPTER

1906. PORT CREDIT, BRAMPTON AND GUELPH RY. Chap. 117

823

CHAPTER 117.

An Act to incorporate Tfte Port Credit, Brampton
and Guelph Railway Company.

Assented to 14th May, 1906.

WHEREAS Robert James Copeland, of the City of Tor- preambie
onto, in the County of York, Manufacturer, John
Henry Boulter, of the Town of Brampton, in the County
of Peel, Woollen Merchant, Benjamin F. Justin, of the
said Town of Brampton, Barrister, George E. Ellis, of the
City of Winnipeg in the Province of Manitoba, Whole-
sale Jeweler, John Sykes, of the Township of Esquesing,
in the County of Halton, Manufacturer, James R. Eallis
of the said Town of Brampton, Cattle Dealer, and John
Clarke, of the said Town of Brampton, Gentleman, have
by their petition prayed for an Act of incorporation under
the name of "The Port Credit, Brampton and Guelph
Railway Company" for the purpose of constructing, and
maintaining a railway to be operated by steam or
electricity from some point in or near Port Credit, in the
County of Peel, and continuing in a northerly and westerly
direction by the most feasible route to a point in or near
the City of Guelph, and passing through the Townships of
Toronto and Chinguacousy and the Town of Brampton and
the unincorporated Village of Huttonville, in the County of
Peel, and the Township of Esquesing, and the Tillages of
Georgetown and Acton and the unincorporated Tillages of
JS"orval and Glenwilliams, in the County of Halton, and
the Townships of Eramosa and Guelph, in the County of
Wellington to the said City of Guelph ; and whereas it is
expedient to grant the prayer of the said petition ;

Therefore, His Majesty, by and with the advice and incorporation,
consent of the Legislative Assembly, of the Province of
Ontario, enacts as follows: —

1. The said Robert James Copeland, John Henry Boul-
ter, Benjamin F. Justin, George E. Ellis, John, Sykes,
James R. Fallis and John Clarke and such other persons,
firms and corporations as well as shall hereafter become
shareholders of the said company are hereby constituted a

body

824

Chap. 117. PT. CREDIT, BRAMPTON AND GUELPH RY. 3 EdW.VII

Location of
line.

body corporate and politic under the name of "The Port
Credit, Brampton and Guelph Railway Company", herein-
after called "the Company."

2. The company is hereby authorized and empowered to
lay out, construct and operate by steam or electricity a rail-
way from some point in or near the Tillage of Port Credit, in
the County of Peel, continuing in a north westerly direction
by the most feasible route to a point in or near the City of
Guelph, in the County of Wellington, and passing through
the Townships of Toronto and Chinguacousy, the Town of
Brampton and the unincorporated Village of Huttonville,
in. the County of Peel, and the Township of Esquesing and
the Villages of Georgetown and Acton and the unincor-
porated Villages of Norval and Glenwilliams, in the
County of Halton, and the Townships of Eramosa and
Guelph, in the County cf Wellington, to the said City of
Guelph.

Provisional
directors.

3. The persons named in section 1 of this Act shall be and
are hereby constituted a board of provisional directors of
the company.

Capital stoc .
Calls thereon.

4. The capital stock of the company shall be $100,000.
No one call thereon shall exceed ten per cent, on the shares
subscribed.

Number of
directors.

5. The number of directors shall not be less than five
nor more than nine.

Head office.

Bonding
Powers.

6. The head office of the company shall be at the said
Town of Brampton.

7. The issue of bonds, debentures or other securities by
the company shall not exceed $25,000 per mile of the rail-
way.

Provisions of
Ont . Ry. Act,
1906, to apply.

8. All the provisions of The Ontario Railway Act, 1906,
shall apply to the company and the railway to be construct-
ed under this Act.

CHAPTER

1906.

PORT ELGIN SPUR LINE.

Chap. 118

825

CHAPTER 118.

An Act to incorporate The Port Elgin Spur Line.

Assented to 14th May, 1906.

HEREAS William McVicar, Saw Miller and Lumber

Preamble

ft Merchant; Peter McVicar and John McVicar,
Lumbermen ; William Rutson, Inspector of Lumber ; and
John Strong, Mariner, all of the village of Port Elgin,
in the county of Bruce, have, by their petition, prayed
for an Act of Incorporation under the name of "The Port
Elgin Spur Line" for the purpose of constructing, main-
taining and operating a switch or siding from the
Railway Station of the Grand Trunk Railway Com-
pany of Canada at the village of Port Elgin westerly
through the said village to the Harbour Dock at the vil-
lage aforesaid and to a mill yard near to the said dock
and with power to enter into a working agreement with
the said Grand Trunk Railway Company, and that the
by-law and agreements mentioned in the schedules to this
Act be confirmed ; and whereas it is expedient to grant
the prayer of the said petition ;

Therefore His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. The said William McVicar, Peter McVicar, John incorporation
McVicar, William Rutson and John Strong, and such

other persons, firms and corporations as shall hereafter
oecome shareholders of the said company are hereby con-
stituted a body corporate and politic under the name of
"The Port Elgin Spur Line," hereinafter called "the Com-
pany."

2. The Company, their servants and agents are author- Location o£
ized and empowered to survey, lay out, construct, coin- de-
plete, equip, maintain and operate by steam a switch or
siding from a point at or near the railway station of the

'Grand Trunk Railway Company of Canada in the village
of Port Elgin, in the county of Bruce, thence westerly

through

826

Chap. 118.

PORT ELGIN SPUR LINE.

6 Edw. VII

Provisional
directors.

Head office.

through the said village to the Harbour Dock at the said
village of Port Elgin and to the mill yard of the peti-
tioner, William McVicar, at or near the said dock.

3. The said William McVicar, Peter McVicar, John
McVicar, William Rutson and John Strong shall be the
provisional directors of the said Company.

4. The Head Office of the said Company shall be at Port
Elgin aforesaid.

Board of
directors.

capital stock. 5. The capital stock of the said Company shall be f 15,000.

6. The board of directors of the company shall consist
of five persons.

wfthGaTntRy ^he directors of the said Company shall have power

Co. authorized, to enter into an agreement with the Grand Trunk Railway
Company of Canada for the working and operation of the
said switch or siding, and may, with the consent of the
said Grand Trunk Railway Company, unite or join with its
railway at or near the said station.

By-law No.

482 of Village
of Port Elgin
and agree-
ments
confirmed.

8. Subject to the provisions of section 9 hereof, the
by-law of the village of Port Elgin, Number 482, set out
as Schedule "A" to this Act, and the debentures issued
thereunder and the agreements therein referred to, set out
as Schedules "B" and "C" to this Act, are hereby valid-
ated and confirmed.

Company not 9. Notwithstanding the provisions of this Act and of
of aara1iwayers the said agreements and by-law, the said Company shall
astoswuches n°t be deemed a railway company and shall not have the
indusfrief un° Powers 01 a railway company save the powers conferred
derontarioj by the section of The Ontario Railway Act, 1906, relat-
RaiiwayAct, ing t(j «Switclies and Sidings to Industries."

c\Prtainase<n °f ^he provisions of The Ontario Companies Act, sec-

stats °f mv' ^ions 16 to 77, and 81 to 94, both inclusive, shall apply to
the said Company.

SCHEDULE "A."

By-Law No. 482 of the Corporation of the Village of Port

Elgin.

A By-law to authorize the issue of Debentures of the Village of
Port Elgin, in the County of Bruce, to the amount of $7,000.00
for the purpose of granting aid by way of bonus to the extent
of $7,000.00 to William McVicar, and to exempt the said
William McVicar from taxation except school taxes.

Whereas William McVicar of the Township of St. Edmunds, in
the County of Bruce, saw-miller and timber dealer, proposes to
establish and carry on in the Village of Port Elgin a saw-milling
and lumber manufacturing business, and to erect and equip suit-
able buildings with the necessary machinery and plant for that
purpose, and has applied to the municipal corporation of the said
Village of Port Elgin, for aid by way of bonus to the extent of

$7,000.00,

1906.

PORT ELGIN SPUE LINE.

Chap. 118

$7,000.00, and the exemption from taxation except for school taxes
of the lands of the said William McVicar for the purpose of assist-
ing him the said William McVicar in establishing and conducting
said saw-mill and lumber manufacturing business in said Village
of Port Elgin;

And whereas for the purpose of carrying these proposals into
effect, the said William McVicar and the municipal corporation
of the Village of Port Elgin entered into two agreements dated
the 11th day of April, 1905, and the 23rd day of August, 1905,
respectively, wherein in consideration of granting of such aid the
said William McVicar agreed that he will erect and equip with
necessary machinery in said Village of Port Elgin, a suitable
saw-mill and plant for the manufacture of lumber, such saw-mill,
machinery and equipment to be of the value of at least five thou-
sand dollars and to have the capacity to manufacture at least
twenty thousand feet of lumber per day, such mill to be fully
completed on or before the 15th day of May, 1906, and that he
will maintain said saw-mill and carry on business therein for a
period of ten years from date of the granting of such aid and will
manufacture in each of said ten years at said Village of Port
Elgin at least two million feet of lumber, and employ the necessary
number of employees for that purpose;

And whereas in and by said agreements the said William McVicar
further agreed to build a spur railway line from the Grand Trunk
Railway Station at the said Village of Port Elgin to the dock
in the harbour in said Village of Port Elgin, as shown by plans
prepared by the engineer of the Grand Trunk Railway Company,
to purchase the necessary right of way for such spur line railway,
grade the same and furnish the necessary ties for same, and that
he will form a company and take all necessary steps to apply for
an Act incorporating himself and others as a Spur Line Railway
Company, to build and operate said spur line railway ; and will
assign ninety-five per cent, of the paid up stock of said Spur
Line Railway Company to trustees for the said Village of Port
Elgin, to be held as collateral security to secure the performance
of the terms of a mortgage to be given by the said William McVicar
for the due fulfilment of the terms of said agreements ;

And whereas in and by said agreements said McVicar further
agreed that he will purchase a railway engine at a cost of $2,000.00
to be used for hauling cars over said spur line railway, and will erect
a suitable engine house in which to keep same when not in
use and will during the said period of ten years and so long there-
after as the said mill is carried on keep and maintain said spur
line and engine in good and sufficient repair and convey in car-
load lots merchandise and other materials for parties requiring
the same to be conveyed from the dock or wharf on the shore of
Lake Huron or any siding on such spur line to the said railway
station, and from said railway station to said dock or any other
points on the said spur line at prices to be approved of by the
municipal council of the Village of Port Elgin, and at no greater
prices, subject to appeal to the Judge of the County Court of the
Countv of Bruce, and that no charge will be made for hauling
empty cars required for such merchandise over such spur line, and
that said engine will be driven over the said spur line in a careful
and proper manner, and that the whistle be blown at all crossings
as required by the Canada Bailway Act, and that the same will
not be driven at a speed exceeding six miles per hour, and that
such cars shall be hauled by said Spur Line Railway Company over
the said line within six working hours after it is notified to haul
the same; and that the said Spur Line Railway Company will,
when formed, enter into an agreement with the said municipal
corporation of the Village of Port Elgin to this effect ;

And whereas the said municipal council of the corporation of the
Village of Port Elgin is willing to grant the aid so desired subject

828

Chap. 118.

PORT ELGIN SPUR LINE.

6 Edw. VII

to the following provisoes and conditions, contained in said agree-
ments, namely :

1. That the said William McVicar shall produce satisfactory evi-
dence to the municipal council of the said corporation or a duly
appointed committee thereof that the said saw-mill, machinery
and equipment are of the value and have the capacity above men-
tioned.

2. That the said William McVicar shall, before he shall be
entitled to receive any of the said sum under this By-law, execute
a mortgage or mortgages or procure same to be executed in favour
of the said municipal corporation of the Village of Port Elgin,
covering the said saw-mill, machinery and plant and the mill-yard
in connection therewith, and the said railway engine, with bar
of dower if necessary, and the usual statutory covenants including
a covenant to insure for the full insurable value thereof, and also
a covenant for the due performance of the said agreements here-
inbefore set forth, and an assignment or transfer of ninety-five
per cent, of the stock of said Spur Line Railway Company as
aforesaid ;

And whereas it is advisable that the said Village of Port Elgin
should grant the said aid by way of bonus to the said McVicar
for the promotion of said saw-mill and lumber manufacturing
industry within the limits of the muncipality of Port Elgin ;

And whereas in order thereto it will be necessary to issue deben-
tures of the said municipality for the sum of $7,000.00, as here-
inafter provided (which is the amount of the debt intended to be
created by this By-law) the proceeds of the said debentures to be
applied to the purpose aforesaid and to no other purpose ;

And whereas it is desirable to issue said debentures at one time
and to make the principal of the debt repayable by yearly sums
during the period of twenty years, being the currency of the said
debentures; said yearly sums being of such respective amounts
that the aggregate amount payable in each year for principal and
interest in respect of said debt shall be as nearly as possible equal
to the amount so payable in each of the other nineteen years of
said period as shown in schedule "A" hereto annexed;

And whereas the total amount required by the Consolidated
Municipal Act, 1903, to be raised annually by special rate for
paying the said debt and interest to be hereinafter provided is
$538.13;

And whereas the amount of the whole rateable property of the
Village of Port Elgin, according to the last revised assessment roll
is $333,820.00;

And whereas the amount of the existing debenture debt of said
municipality is $29,363.11, whereof no part either of principal or
interest is in arrear ;

And whereas the granting of such bonus will not require for its
payment, together with the payment of similar bonuses already
granted by the said municipality an annual levy for principal and
interest exceeding ten per cent, of the total annual municipal
taxation of such municipality ;

And whereas no industry of a similar nature is already estab-
lished in said municipality ;

Therefore the municipal council of the said Village of Port Elgin
enacts as follows :

(1) A bonus of $7,000.00 is hereby granted by the Village of Port
Elgin to William McVicar, of the Township of St. Edmunds, in
the County of Bruce, saw-miller and timber dealer, in aid of
establishing and conducting a saw-mill and lumber manufacturing
business within the limits of the said Village of Port Elgin, upon
the terms and subject to the conditions contained in said two
agreements above recited and made between the said William

McVicar

1906.

PORT ELGIN SPUR LINE.

Cliap. 118

829

McVicar of the one part and the municipal council of the said
tillage of Port Elgin of the other part.

(2) For the purpose of raising the said sum of $7,000.00, deben-
tures of the said village to the amount of $7,000.00 as aforesaid,
in sums of not less than $100.00 each shall be issued on the 1st day
of November, A. D. 1905.

(3) The said debt and debentures issued therefor shall bear
interest at the rate of four and one-half per cent, per annum.
The said debentures shall be dated on the date of the issue thereof,
and shall be payable in equal amounts in each of the twenty years
next succeeding the said date, such amounts being made up of the
aggregate sum due each year on account of principal and interest,
as shown in the schedule hereunto annexed marked "A."

(4) Each of the said debentures shall be signed by the reeve of
the village, or by some other person authorized by law to sign the
same, and shall be countersigned by the treasurer ; and the clerk
of the said village shall affix thereto the corporate seal of the
municipality.

(5) The said debentures shall be payable on the 1st day of Novem-
ber in each year during the said twenty years at the Bank of
Hamilton in the said Village of Port Elgin, and the interest on
said debentures shall be payable half yearly on the 1st days of
May and November at the Bank of Hamilton, Port Elgin, in each
and every year during the currency thereof, the first payment of
such interest to be made on the 1st day of May, A.D. 1906. During
the currency of said debentures, there shall be annually raised
by special rate on all the rateable property in the said munici-
pality the sum of $538.13, for the purpose of paying the amount
falling due in each of the said years for principal and interest,
in respect of said debt as shown in schedule "A" annexed hereto.

(6) The works, plant, buildings and real and personal estate of
the said William McVicar, actually used in connection with his said
saw-mill and lumbering manufacturing business in the said Village
of Port Elgin shall be exempt from all municipal taxation, except
school taxes, for a period of ten years from date hereof ; provided
however that such exemption shall cease upon the said William
McVicar's failing to carry out any of the terms and conditions
on his part contained in the said agreements.

(7) This By-law shall take effect from and after the final passing
hereof.

(8) The votes of the electors of the said Village of Port Elgin
shall be taken on this By-law at the following times and places,
that is to say : On Saturday, the 16th day of September, 1905,
commencing at the hour of nine o'clock in the forenoon and con-
tinuing till five o'clock of the same day.

(9) The said votes shall be taken at the following places in said
Village of Port Elgin by the following named parties : For Polling
Subdivision Number One, at the Town Hall, and R. Munro is
hereby appointed Deputy Returning Officer for said polling sub-
division ; Polling Subdivision Number Two at the vacant shop in
Muir's Block, and J. C. Dalrymple is hereby appointed Deputy
Returning Officer for said polling subdivision number two.

(10) On Thursday, the 14th day of September, 1905, the reeve
of said Village of Port Elgin shall attend at the clerk's office in
said village at 7.30 o'clock in the afternoon, to appoint persons
to attend at the various polling places aforesaid, and at the final
summing up of the votes by the clerk on behalf of the persons
interested in and promoting or opposing the passing of this By-law
respectively.

(11) The clerk of the council of the said Village of Port Elgin
shall attend at his office in the said village at eleven o'clock in the
forenoon, on Tuesday, the 19th day of September, A. D. 1905, to
sum up the number of votes for and against the by-law.

Dated

Chap. 118.

POET ELGIN SPUE LINE.

6 Edw. VII

Dated and passed at the Council Chamber in the Village of Port
Elgin, this 2nd day of October, A. D. 1905.

D. Geddes,

Reeve.

(Seal.) R. Munro.

Clerk.

SCHEDULE "A."
Schedule "A" referred to in the foregoing By-law. Showing how
the amount of $538.13 thereby required to be raised annually
by special rate is apportioned.

Year.

Principal.

Interest.

Total.

1906

$315 00

$538 13

1907

233

304 96

538 13

1908

243

294 M

538 13

254

OOO LO

1910

266

272 04

538 13

1911

278

260 07

538 13

1912

290

247 55

538 13

1913

303

234 48

538 13

1914

317

220 81

538 13

1915

331

206 53

538 13

1916

346

191 51

538 13

1917

362

176 02

538 13

1918

378

159 72

538 13

1919

395

142 69

538 13

1920

413

124 90

538 13

1921

431

106 30

538 13

1922

451

86 87

538 13

1923

471

66 57

538 13

1924

492

45 35

538 13

1925

514

23 17

538 13

Total principal $7,000 00

SCHEDULE "B."

Articles of Agreement made in duplicate this 11th day of April,
one thousand nine hundred and five, between William McVicar,
of the Township of St. Edmunds, in the County of Bruce,
Timber Dealer, of the First Part, and The Municipal Corpora-
tion of the Village of Port Elgin, in the said County of Bruce,
of the Second Part.

Whereas the party of the first part has applied to the municipal
council of the corporation of the Village of Port Elgin to aid
him by way of bonus as hereinafter provided, to establish a saw-
mill within the limits of the said corporation ;

And whereas it is the intention that such mill shall be built on
the shore of Lake Huron at or near the Port Elgin harbour, and
that a spur line of railway shall be constructed from the railway
station of the Grand Trunk Railway Company at Port Elgin to
the mill yard of the party of the first part and through the same ;

Now it is hereby agreed between the parties hereto in the man-
ner following, that is to say :

1. The municipal council of the said corporation shall use their
best endeavours to have a railway spur line constructed by the
Grand Trunk Railway Company of Canada, or by some obher
person or corporation, from the present track of the Grand Trunk
Bfcilway Company at or near its station in the said village to the
mill yard proposed to be formed by the party of the first part at
or near the shore of Lake Huron at the point aforesaid.

2. The municipal council of the said corporation shall cause to
be submitted to the vote of the ratepayers a By-law authorizing

the

1906.

I'ORT ELGIN SrUIt LINE.

Chap. 118

the granting of aid to the party of the first part in the manner
following :

(a) Granting the party of the first part exemption from taxation
except school tax, for a period of ten years from the passage of
said By-law on the saw-mill to be erected as aforesaid, the land
occupied thereby and the mill yard adjoining the same.

(b) To procure to be conveyed to the party of the first part the
land required for the erection of such saw mill, and for such mill
yard, the area of such land not to exceed five acres.

(c) To contribute the sum of twelve hundred and fifty dollars
($1,250) towards the costs of purchasing a railway engine at a
cost of two thousand dollars ($2,000), the remaining seven hundred
and fifty dollars ($750) to be contributed and paid by the party
of the first part.

3. If the said By-law is duly carried, that the said corporation shall
take the necessary steps to have a By-law if possible passed closing
up such parts of streets as may be brought within the area of the
said proposed mill yard.

4. That if the said money By-law is duly carried, the party of
the first part will forthwith proceed to erect at some point on the
shore of Lake Huron within the limits of the said corporation, and
north of the present dock a suitable saw-mill and equip the same
with the necessary machinery and plant for the manufacture of
lumber, such saw-mill, machinery and equipment to be of the
value of at least five thousand dollars, and to have the capacity
and be able to manufacture at least twenty thousand feet of lum-
ber per day of ten hours, and to erect a suitable engine house in
which to keep the said engine when not in use ; and the party of
the first part, his executors, administrators and assigns shall pro-
duce satisfactory evidence to the municipal council of the said
corporation or a duly appointed committee thereof, that the said
saw-mill, machinery and equipment are of the value and have
the capacity aforesaid ; and the party of the first part shall
furnish to the Grand Trunk Railway Company or to such person
as shall construct the said spur railway line all suitable (number
two) cedar or tamarack ties eight feet long that may be required
for the said spur line delivered at Port Elgin wharf at the price
of twenty-five cents per tie, and similar ties sixteen feet long at
the price of fifty cents per tie, and all ties required for the spur
railway line within the area of the said lumber yard without any
charge therefor ; the said mill to be fully completed and ready to
manufacture on or before the first day of September, A. D. 1905,
or within one month after the completion of the said line.

5. The said party of the first part before he shall be entitled to
receive any of the moneys under the terms of this agreement or
such By-law shall execute a mortgage or mortgages to the parties
of the second part covering the said saw-mill, machinery and plant,
and said mill yard and the said railway engine so to be purchased,
with bar of dower if necessary, and the usual statutory covenants,
including a covenant to insure for the full insurable value thereof,
which mortgage or mortgages shall also contain the following pro-
visions :

(a) That the said party of the first part, his executors, adminis-
trators and assigns shall maintain the said saw-mill and carry on
business therein for the period of ten years from the date of said
mortgage, and shall in each and every of the said ten years at the
said Village of Port Elgin, manufacture lumber to the extent of
at least two million feet, employing the necessary number of hands
for that 'purpose.

(b) The said party c»f the first part, his executors, administrators
and assigns shall during the said period of ten years and for such
longer time as he or they shall carry on bootless in the said saw-
mill, keep and maintain the said railway sp*—1 lice and said engine
in good and sufficient repair.

Chap. 118. PORT ELGIN SPUR LINE. 6 Edw. VII

(c) That the party of the first part, his executors, administrators
and assigns shall during the said period and so long as the said
mill is carried on, convey in car load lots merchandise and other
materials for parties requiring the same to be conveyed from the
dock or wharf on the shore of Lake Huron aforesaid to the said
railway station, or from the said railway station to the said dock
or wharf, or any other point on said spur line at a price not to
exceed the sum per car to be approved by the municipal council
of Port Elgin of dollars for each car of twenty tons or
less, and the price of dollars for each car of larger
size than twenty tons, and that no charge will be made for hauling
the empty car required for such merchandise over the said rail-
way spur line, the party of the first part not to be charged for his
own merchandise.

(d) That the said party of the first part, his executors, adminis-
trators and assigns shall keep proper books of account of his said
business and of the moneys received by him for the haulage of
cars as aforesaid, and of the moneys expended by him yearly in
repairs to the said engine and railway spur line ; and in case the
receipts for haulage as aforesaid shall exceed the amount of such
expenses for up-keeping, that he shall pay over such surplus to
the parties of the second part yearly.

(e) That the said party of the first part, his executors, adminis-
trators and assigns shall during the month of December, in each
year during the said term of ten years produce satisfactory evidence
to the municipal council of the said corporation, or a duly appoint-
ed committee thereof, that he has in the preceding twelve months
manufactured at the said saw-mill at least two million feet of lumber
and has in all other respects performed and complied with the
terms of the said By-law so to be submitted, and of the mortgage
or mortgages so to be given, and that on failure in performance
of or any breach of the conditions mentioned in said By-law, or the
said mortgage or mortgages, for a period of one year, or in case
the said saw-mill shall be idle for one season, then that the party
of the first part, his executors, administrators and assigns shall
at once repay to the said corporation the amount expended by
them in purchasing the said saw-mill and mill yard sites, closing
such streets, passing such By-law, and the purchase of the said
engine.

6. The party of the first part for himself, his executors, admin-
istrators and assigns, covenants with the said corporation that
the said engine will be driven over the said railway spur line in
a careful and proper manner ; that the whistle will be blown at
all crossings as required by the Canada Railway Act, and that the
same will not be driven at a speed exceeding six miles per hour.

7. The party of the second part further agree to obtain for Mr.
McVicar the privilege of booming logs in the harbour, and also
such part of the water front as he may require for his purposes.

In witness whereof the party hereto of the first part has here-
under set his hand and seal, and the parties of the second part
have caused these presents to be signed by the reeve and the clerk
and their corporate seal to be affixed thereto.

Witness :

Allan M. Bock.

(Corporate Seal).

(Seal).

D. Geddes,

Reeve.

R. Munro,

Clerk.

Wm. MoVioar.

SCHEDULE

1906

PORT ELGIN SPUE LINE.

Chap. 118

833

SCHEDULE "C."

Articles of Agreement made in duplicate the 23rd day of August,
one thousand nine hundred and five, between William Mc Vicar,
of the Township of St. Edmunds, in the County of Bruce,
Timber Dealer, of the First Part, and the Municipal Corpor-
ation of the Village of Port Elgin, in the County of Bruce, of
the Second Part.
Whereas by agreement under seal, dated the 11th day of April,
A. D. 1905, the parties hereto of the second part agreed to submit
to the ratepayers of the Village of Port Elgin a By-law to grant
aid to the party of the first part by way of bonus and otherwise
upon certain terms, and upon the performance of certain agree-
ments and conditions to be performed by the party of the first
part, more fully set forth in the said agreement.

And whereas it has been agreed between the parties that instead
of causing the railway spur line in said agreement mentioned to
be constructed, or furnishing land or contributing towards the
purchase of a railway engine as in said agreement provided, that
the parties of the second part shall submit a By-law to the rate-
payers of the said Village of Port Elgin to grant a bonus as here-
inafter provided, and that the parties of the second part shall be
relieved from the performance of part of the terms of the said
agreement, and that the said agreement shall be varied as here-
inafter set forth;

Now it is hereby agreed by and between the parties hereto in
the manner following, that is to say :

1. The parties hereto of the second part shall be relieved and
they are hereby relieved and discharged from the performance of
the terms and conditions to be observed and performed by them,
as set forth in paragraphs 1, 2, (a, b, and c) and 3, 7 of said
agreement.

2. That in lieu of the said paragraphs and the provisions therein
contained, the parties of the second part agree that it will cause
to be submitted to the vote of the properly qualified ratepayers
of the said Village of Port Elgin a By-law authorizing the granting
of aid to the party of the first part in the manner following, that
is to say :

(a) Granting the party of the first part seven thousand dollars
by way of bonus to aid him in the manufacturing industry on the
terms in the said agreement set forth and as hereinafter mentioned.

(b) Granting the party of the first part exemption from taxation
except school taxes, for the period of ten years from the passage
of such By-law on the saw-mill to be erected, and the lands occupied
thereby and the mill yard adjoining the same.

3. If the said By-law is duly carried, the parties of the second
part agree to finally pass the same and to carry out its provisions.

4. If the said By-law is duly carried, the parties of the second
part agree to take the necessary steps to have a By-law passed if
possible, closing up such parts of streets as m»v b*> brought within
the area of the said proposed mill yard.

5. The party of the first part agrees :

(a) That he will form a company and take all the necessary steps
to apply for an Act incorporating himself and others as a Spur
Line Railway Company, to build a spur railway line from the rail-
way station of the Grand Trunk Railway Company at Port Elgin
aforesaid to the dock at the harbour in the said village, as shown
by the plans prepared by the engineer of the Grand Trunk Rail-
way Company.

(b) That he will himself or will cause the said company to pro-
cure conveyances of the necessary right of way, grade the said
right of way as directed by the engineers of the Grand Trunk

Railway Company, and furnish the necessary ties ready for the

rails to be laid thereon.

(c) That if the said By-law is carried, the party of the first part
will forthwith, proceed to erect a suitable saw-mill, as provided by
the fourth paragraph of the said agreement, of the value therein

53 s. specified

834

Chap. 118.

PORT ELGIN SPUE, LINE.

6 Edw. VII

specified, the said mill to be fully completed on or before the 15th
day of May, A. D. 1906.

(d) That he will execute a mortgage or mortgages to the parties
of the second part covering the said saw-mill, machinery and plant,
and the railway engine hereinafter mentioned, as provided for by
the said agreement.
• (c) That he will purchase a railway engine at a cost of $2,000.00,
and use the same for hauling cars along the said railway spur line.

6. The party of the first part covenants with the parties of the
second part, that he or the Spur Line Railway Company to be
formed, will, during the said period of ten years, and so long
thereafter as the said mill is carried on, convey in carload lots
merchandise and other materials for parties requiring the same
to be conveyed from the dock or wharf on the shore of Lake Huron
to the said railway station, and from the said railway station to
the said dock or wharf, or to any other points on the said spur
line at prices to be approved of by the municipal council of the
Village of Port Elgin, and at no greater prices, and that no
charge will be made for hauling empty cars required for such
merchandise over such railway spur line; and that the said Spur
Line Railway Company when formed shall enter into an agreement
with the parties of the second part to this effect ; and that the said
mortgage so to be given shall contain this provision.

7. Except as herein varied or altered, the parties hereto hereby
confirm the said agreement.

8. The said party of the first part hereby agrees that such cars
shall be hauled by said Spur Line Company over its said line
within six working hours after it is notified to haul same.

9. The said party of the first part agrees that he will assign or
cause to be assigned to trustee or trustees for the parties of the
second part, paid up stock of the said Spur Line Railway Company,
to at least ninety-five per cent, of the amount of the capital stock
of said company, to be held by said trustees as collateral security
to secure the performance of the terms of said mortgage, and that
upon the party of the first part ceasing to carry on said saw-mill
as above provided that he will assign and transfer and cause to
be assigned and transferred to the parties of the second part or
trustees for them ninety-five per cent, of the shares or stock in said
Spur Line Railway Company (fully paid up) to be held by the
parties of the second part or trustees for them absolutely.

10. That in case the party of the first part shall become dissatis-
fied with the rates or charges that may be paid for the hauling of
cars as aforesaid, that such rates or charges shall be fixed by the
Judge of the County Court of the County of Bruce upon the appli-
cation of either party after notice to the other, and the decision
of such Judge as to the same shall be final and shall govern for
at least five years.

11. It is further agreed that clause seven of said original
agreement shall be varied and amended by adding thereto after_ the
word "agree" the words "to use their best endeavours."

And it is further agreed that if the costs of incorporating said
Spur Line Railway Company, acquiring land, grading and fencing
line and of ties shall prove to be less than $7,000.00, that the party
of the first part shall only be entitled to receive the amount of such
actual cost.

In witness whereof the party of the first part has hereunto set
his hand and seal, and the parties of the second part have caused
these presents to be signed by their clerk and reeve and their cor-
porate seal to be affixed thereto.

Witness :

David Robertson.

Wm. McVicar.

(Seal)

D. Geddes,

Reeve.

(Corporate Seal).

R. Mtjnro,

Clerk.

53a s.

CHAPTER

190G. RONDEAU, RIDGETOWN AND WALLACEBURG RY. Chap. 119

835

CHAPTER 119.

An Act to incorporate the Rondeau, Ridgetown and
Wallaceburg" Railway Company.

Assented to 14th May, 1906. .

WHEREAS Benjamin William Willson of the Town of Preamble.
Ridgetown, in the County of Kent, Grain Merchant;
Robert Hamilton of the Town of Ridgetown, in the County
of Kent, Contractor; Samuel Stewart of the Tillage of
Thamesville, in the County of Kent, Physician; Herbert
David Smith, of the City of Chatham, in the County of
Kent, Barrister-at-Law, and David Alexander Gordon of the
Town of Wallaceburg, in the County of Kent, Manufac-
turer, have by their petition prayed for an Act of incorpor-
ation under the name of the "Rondeau, Ridgetown and Wal-
laceburg Railway Company," for the purpose of construct-
ing and operating by electricity a railway from some point
in or near the Government Park at Rondeau, in the County
of Kent, to or near the Town of Wallaceburg, in the County
of Kent, passing through the Township of Howard, to or
near the Village of Morpeth, thence to or near the Town of
Ridgetown, thence to or near the Village of Thamesville,
thence through the Township of Camden, and the Gore of
Camden, to or near the Village of Florence, to or near the
Town of Dresden, thence through the Gore of Chatham
Township to or near the Town of Wallaceburg ; and where-
as it is expedient to grant the prayer of the said petition ;

Therefore His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of Ontario,
enacts as follows :

1. The said Benjamin William Willson, Robert Hamil- inaorporation.
ton, Samuel Stewart, Herbert David Smith, and David
Alexander Gordon and such other persons, firms and cor-
porations as shall hereafter become shareholders of the said
company, are hereby constituted a body corporate and poli-
tic, under the name of the "Rondeau, Ridgetown and Wal-
laceburg Railway Company."

836

Chap 119 RONDEAU, RIDGETOWN &WALLACEBURG RY. 5 Edw.VII

Location of 2. The said company is hereby authorized arid empow-
lme' ered to lay out, construct and operate by electricity a rail-

way from some point in or near the Government Park, Ron-
deau, in the County of Kent, to a point in or near the
Town of Wallaceburg, in the County of Kent, passing
through the Township of Howard, to or near the Village of
Morpeth, thence to or near the Town of Ridgetown, thence
to or near the Village of Thamesville, thence through the
Township of Camden and the Gore of Camden to or near
the Village of Florence, to or near the Town of Dresden,
thence through the Gore of Chatham Township to or near
the Town of Wallaceburg.

capital stock. ■ 3. The capital stock of the company shall be $1,000,000.
calls thereon. ^Q one cajj thereon shall exceed ten per cent, on the shares
subscribed.

Provisional 4- The said Benjamin William Willson, Robert Hamil-
directors. toilj Samuel Stewart, Herbert David Smith, and David
Alexander Gordon shall be and are hereby constituted a
board of provisional directors of the said company.

Head office. 5. The head office of the company shall be at the Town
of Ridgetown, in the County of Kent.

Number of 6. The number of directors shall not be less than five and

directora.

not more than nine.

Bonding 7. The issue of bonds, debentures or other securities by

powe™ ^he company snan not exceed $25,000 per mile of the
railway.

certain provis- 8. All the provisions of The Ontario Railway Act, 1906,
Act, i906DtbRy' applicable to railways to be operated by electricity, shall
apply. apply to the said company and the railway to be constructed

under this Act.

CHAPTER

1906. ST. CATHARINES, PELHAM AND W. E.Y. Chap. 120 837

CHAPTER 120.

An Act respecting- The St. Catharines, Pelham and
Welland Electric Railway Company.

Assented to 14th May, 1906.

WHEREAS by an Act passed in the fourth year of Hi S Preamble.
Majesty's reign chaptered 86, intituled "An Act to
Incorporate The St. Catharines, Pelham and Welland
Electric Railway Companv." the time for the commence-
ment of the construction of the said railway was fixed at
eighteen months from the passing of the said Act, and the
time for its completion within three years from the date
of the passing of the said Act; and whereas under the pro-
visions of the by-law of the City of St. Catharines grant-
ing certain franchises to the said company, it was, amongst
other things, provided that the line of the railway should
be carried over the Old Welland Canal by a high level
bridge which the said city proposed to construct and a
portion of the cost of which was to be borne by the com-
pany ; and whereas the said city corporation has not as yet
commenced the construction of the said bridge and the
building of said railway became thereby delayed; and
whereas the company are desirous that the time for the
commencement and completion of the said railway should
be extended by reason of the conditions existing as here-
inbefore mentioned; and whereas the said company have
by their petition prayed that the time for the commence-
ment of the railway of the said company be extended for
eighteen months and the completion thereof for a period
of two years from the passing of this Act, and it is expedi-
ent to grant the prayer of the said petition;

Therefore His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. The Act passed in the fourth year of His Majesty's Extension of
reign, chaptered 86 and intituled "An Act to Incorporate menVemeT
the St. Catharines, Pelham and Welland Electric Rail- t£ncomplt"

way

838

Chap. 120. ST. CATHARINES, PELHAk AND W. EY. 6 EDW. YII

way Company," save as herein otherwise provided, Is de-
clared to be in force ; and the time limited for
commencing the railway which the said company is
by the said Act authorized to construct is extended
for a period of eighteen months from the passing of this
Act, and the time for the completion of said railway for
a period of two years from the passing of this Act; and
if the construction of the said railway is not then com-
menced, or if the said railway is not finished and put in
operation within the time aboVe limited then the powers
granted to the said company shall cease and be null and
void with respect to so much of the railway as then remains
uncompleted.

Certain pro- 2. Notwithstanding anything contained in the said Act
Ry!°Act,°i906nto of Incorporation, all the provisions of The Ontario Railway
apply- Act} 1906, applicable to railways to be operated by elec-

tricity, shall apply to the said company and the railway to
be constructed under this Act.

CHAPTER

1906.

SOUTH WESTERN TRACTION CO.

Chap. 121

839

CHAPTER 121.

An Act respecting The South Western Traction
Company.

Assented to 14th May, 1906.

WHEREAS the South Western Traction Company was Preamble,
incorporated by an Act (hereinafter called the said
Act) passed by the Legislature of the Province of Ontario
in the second year of the reign of His Majesty King Ed-
ward the Seventh, and Chaptered 96 as amended by an Act
(hereinafter called the said amending Act) passed in the
third year of the reign of His Majesty King Edward the
Seventh, and Chaptered 115, and as further amended by
an Act passed in the fourth year of the reign of His Ma-
jesty King Edward the Seventh, and Chaptered 89, for the
purpose of constructing and operating a system of electric
railways from, to and between the points set out in the
said Acts; and whereas the company has, by its petition,
prayed that the time for completing the said proposed rail-
way shall be extended, and that the said Act may be amend-
ed as hereinafter set out; and whereas it is expedient that
the prayer of the said petition should be granted;

Therefore His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. Section 21 of the said Act is hereby amended by strik- 2 Edw. vii.,
ing out tho words "and completed within five years." amended

2. If the construction of that portion of the railway be- Time of com.
tween London and Ingersoll is not completed and put in f^°n o£
operation within two years from the date of the passing

of this Act, and if the whole of the railway is not completed
and put in operation within three years from the passing of
this Act, then the powers granted by the said Act, and the
said amending Act, and by this Act, shall cease, and be null
and void as respects so much of the railway as then re-
mains uncompleted.

840

Chap. 121.

SOUTH WESTERN TRACTION CO. 6 EdW. YII

use right of 3. The Ontario Railway and Municipal Board, upon re-
way for the ceiving instructions in that behalf from the Lieutenant-
transmission Of • n -1 1 ,1 m , -I ,

power to muni- (iovernor m Council, and tne omcers, agents and. servants
cipahties. o£ ^e 30ar^j may at all times enter upon the right of way
of the company, and may dig up the same, erect thereon all
necessary poles, or lay all necessary conduits, and erect,
place and put down all cables, wires and poles for the trans-
mission of electrical or other power from any point in the
Province of Ontario to the works and plant of any munici-
pal corporation for the distribution of such power within
the limits of the municipality; provided that the track and
traffic, wires and poles of the company shall not be injured,
removed or otherwise dealt with in the exercise of the pow-
ers hereby conferred except under and subject to any agree-
ment which may be entered into between the Lieutenant-
Governor in Council and the company.

Ontario Rail- 4. Wherever the provisions of the said Act, or of the
govern^ t0 amending Act, and of The Ontario Railway Act, 1906, re-
late to the same subject matter, the provisions of the said
The Ontario Railway Act, 1906, shall prevail.

CHAPTER

1906.

SUPERIOR AND JAMES BAY RY.

Chap. 122

841

CHAPTER 122.

An Act respecting The Superior and James Bay
Railway Company.

Assented to 14th May, 1906.

\i/ HEREAS by an Act passed in the sixty-third year of Preamble.

"* Her late Majesty's reign, Chaptered 123, intituled
An Act to incorporate The Superior and James Bay Railway
Company , the time for the commencement of the construc-
tion of the said railway was fixed at three years from the
date of the passing of the said Act, which time has now
elapsed ; and whereas doubts have arisen as to whether the
work done by way of commencing the said railway was work
covered by the provisions of the said Act, and the company
is desirous that such doubts should be removed ; and where-
as the said company has, by its petition, prayed that the
said Act be revived and the time for the commencement of
the railway of the company be extended for two years, and
the completion thereof for four years from the passing of
this Act; and whereas it is expedient to grant the prayer of
the said petition;

Therefore His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1. The Act passed in the sixty-third year of Her late Ma- J^J1^0-123,
jesty's reign, Chaptered 123, and intituled AnAct to incor-
porate The Superior and James Bay Railway Company, so

far as is not inconsistent with the provisions of The Ontario
Railway Act, 1906, is hereby revived and declared to be in
force, and the said The Superior and James Bay Railway
Company is declared to be and to have been from the date of
the passing of the first mentioned Act an existing corpora-
tion.

2. The time limited by section 38 of the Act passed in the Time forcom-
sixty-third year of Her late Majesty's reign, chaptered 123, ^completion
for the commencement of the railway thereby authorized, is extended.

extended

842 Chap. 122. superior and james bay ry. 6 Edw. VII

extended for a period of two years, and the time therein
mentioned within which the said railway should be finished
and put in operation, is extended for the period of four
years from the passing of this Act; and if the construc-
tion of the railway is not commenced and fifteen per cent,
of the amount of the capital stock is not expended thereon
within two years after the passing of this Act, or if the
railway is not completed and put in operation within four
years from the passing of this Act, then the powers granted
to the said company by the said Act of Incorporation, and
by this Act, shall cease, and be null and void as respects
so much of the railway as then remains uncompleted.

3. Notwithstanding anything contained in the said Act
of Incorporation, all the provisions of The Ontario Railway
Act, 1906, shall apply to the said company and the railway
to be constructed under this Act.

Provisions of
Ont. Ry. Act,
to apply.

CHAPTER

1906.

TORONTO AND NORTH EASTERN RY. Chap. 123

843

CHAPTER 123.

An Act to incorporate the Toronto and North
Eastern Railway Company.

Assented to 14th May, 1906.

HERE AS Robert Miller, Importer; Joseph A. Todd, preamble.

M Merchant, and Robert Pickering Coulson, Publisher,
all of the Village of Stouffville, in the County of York,
William Smith, of the Township of Whitby, in the County
of Ontario, Importer, and William J. Stark, of the City
of Toronto, in the County of York, Banker, have, by their
petition, prayed for an Act of incorporation under the
name of "The Toronto and North Eastern Railway Com-
pany," for the purpose of constructing and operating '"a"
railway from some point near the City of Toronto, in the
'County of York, through the Townships of York, Scarbor-
ough, Markham and Whitchurch, and through or near the
unincorporated Village of Unionville and the Villages of
Markham and Stouffville, in the County of York, and
through the Townships of Pickering, "Oxbridge and Reach,
and the Town of Uxbridge, and to and through the Town of
Port Perry, in the County of Ontario ; and whereas it is ex-
pedient to grant the prayer of the said petition ;

Therefore His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. Robert Miller, Joseph Todd, Robert Pickering Coul- incorporation,
•son, William Smith, and William J. Stark, and such other
persons, firms and corporations as shall hereafter become
shareholders of the said company, are hereby constituted

a body corporate and politic under the name of "The
Toronto and North Eastern Railway Company."

2. The said company is authorized and empowered to lay Location of
out, construct and operate, by steam or electricity, a rail- line-
way from some point near the City of Toronto to a point in

•or near the Town of Port Perry, in the County of Ontario,

passing

844

Chap. 123.

TORONTO AND NORTH EASTERN RT. 6 EDW. VII

passing near the City of Toronto, and through the Town-
ships of York, Scarborough, Markham and Whitchurch,
and through or near the unincorporated Village of Union-
ville, and the Villages of Markham and Stouffville, in the
County of York, and through the Townships of Pickering,
Uxbridge and Reach, and the Town of Uxbridge.

Provisional 3'. The persons named in section one of this Act shall be
Directors. an(j are constituted a board of provisional directors of the
company.

capital stock. 4. The capital stock of the company shall be $300,000.

No one call thereon shall exceed ten per cent, on the shares

Calls thereon. i -t t

subscribed.

Directors. 5. The number of directors shall not be less than five nor

more than twelve.

Head office. 6. The head office of the company shall be at the City of
Toronto, in the County of York.

Bonding
Powers.

Provisions of
Ont. Ry.
Act, 1906, to
apply.

7. The issue of bonds, debentures or other securities by
the said company shall not exceed $30,000 per mile of the
railway.

8. All the provisions of The Ontario Railway Act, 1906,
shall apply to the said company and the railway to be con-
structed under this Act.

CHAPTER

Chap. 124. TORONTO AND YORK radial ry. 6 Edw. VII 845

CHAPTER 124.

An Act respecting] The Toronto and York Radial

Railway.

Assented to 14th May, 1906.

WHEREAS by chapter 66 of the Statutes of 1898, 61 Preamble.
Victoria, the Toronto and York Radial Railway Com-
pany hereinafter called the company, was empowered
to acquire, as therein provided, the undertakings, rail-
ways, franchises, rights, powers, privileges and other real
and personal property of the Toronto and Scarboro Electric
Railway, Light and Power Company, Limited, the Toronto
and Mimico Electric Railway and Light Company, Lim-
ited, and the Metropolitan Railway Company, and has
so acquired the undertakings, railways, franchises, rights,
powers, privileges and other real and personal property
of the said companies; and whereas it is desirable to
extend the time limited for the construction of the com-
pany's railways and to grant the company certain addi-
tional powers; and whereas the company by its petition
has prayed that it may-be enacted as hereinafter set forth;
and whereat, it is expedient to grant the prayer of the said
petition ;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows :

1. The company may lay out, construct and operate Toronto and
the railways, extensions and branches which the Toronto Ry'co^au'thor-
and Scarboro Electric Railway, Light and Power Company, ^^0? and1.
Limited, the Toronto and Mimico Electric Railway and operate certain
Light "Company, Limited, and the Metropolitan Rail- rallways-
way Company were by the Acts relating to such companies
empowered to lay out, construct and operate.

2. The company may lay out, construct and operate certain
branches or extensions of its railway to a point on the authorized.
James Bay Railway to the Village of Stouffville and to

the Town of Whitby and to the Town of Bowmanville.

846

Chap. 124.

TORONTO AND YORK RADIAL RY. 6 Ed\V. VII

ments'nof to6 3. Nothing in this Act contained shall in any wise re-
be affected. vive or affect any agreement between the corporation of the
City of Toronto or any municipal corporation and the com-
pany, or between the said corporation or corporations and
the Toronto and Scarboro Electric Railway, Light and
Power Company, Limited, the Toronto and Mimico Elec-
tric Railway and Light Company, Limited, the Metropoli-
tan Railway Company, the Toronto Railway Company, or
any or all of said companies, nor enlarge or impair any
right, obligation or liability accrued, accruing or estab-
lished under any such agreement; nor shall anything in
this Act have the effect of reviving any rights or powers
heretofore possessed by any of the said companies within
the City of Toronto which have expired.

r°ur^ngeboncis ^' -Notwithstanding anything in the Acts .relating to
securing on s. ^g company contained the company may secure the bonds
by mortgage deeds creating such mortgage charges or
incumbrances upon the whole or any part of such property,
assets, rents and revenues of the company, present and
future, or both, as shall be described in such deed; but
such rents and revenues shall be subject in the first
instance to the payment of the working expenses of the
railway, and by any such deed the company may grant
to the holders of bonds or to the trustee or trustees named
in such deed, all and every the powers and remedies
granted by the said Acts in respect of the company's
bonds and all other powers and remedies not inconsistent
with this Act, or may restrict the bond holders in the
exercise of any power, privilege or remedy granted by
the said Acts, as the case may be; and all such powers,
rights, and remedies as shall be so contained in such
mortgage deed shall be valid, binding and available to
the bondholders in manner and form as therein provided.

when Trustees 5. Any lands or chattel property which have become

authorized to 7 » ■• j> ±i j> ±t

release chattels no longer useful or necessary for the purposes ot the com-
modrtgagesfrom Pany may be released by the trustees of any mortgage
securing bonds, securing the bonds of the company if a provision for such
release is contained in the mortgage, and thereafter such
released lands or chattel property shall be held freed and
discharged from any lien created by the said mortgage or
by any of the Acts relating to the company in favour of
the said bondholders.

Purchasing, 6. The company may purchase, lease or acquire and
selling lands hold for any estate in the same, and may sell, lease,
marketor 'park alienate, or mortgage any lands or premises intended and
purposes. necessary or suitable for market or park purposes, but
no lands shall be so purchased, leased or acquired for mar-
ket purposes within the limits of the City of Toronto with-
out the consent of The Ontario Railway and Municipal
Board.

1906.

TORONTO AND YORK RADIAL RY.

Chap. 124

7. The railways mentioned in the Acts relating to the T™c ^for^com-
Toronto and Scarboro Electric Railway Light and Power operation of
Company, Limited, the Toronto and Mimico Electric tloned^n™!""
Railway and Light Company, Limited, and the Metro- tam Acts-
politan Railway Company and in this Act shall be con-
structed and put in operation within five years from the
passing of this Act otherwise the powers granted for such
construction shall cease and be null and void with respect
to so much of the said lines as then remains uncompleted.

CHAPTER

848 Chap. 125. WESTERN CENTRAL RAILWAY. 6 EDW. VII

CHAPTER 125.

An Act to amend the Act incorporating the Western
Central Railway Company.

Assented to 14th May, 1906.

Preamble. IX/'hEREAS the Western * Central Railway Company,
Tf hereinafter called "the company," has under its
Act of incorporation, being Chapter 109 of the Acts passed
in the fifth year of the reign of His Majesty King Edward
VII., power to construct its railway from the city of Lon-
don to the city of Guelph, and it has by its petition prayed
for authority to extend the railway from the city of Guelph
passing through the townships of Guelph and Puslinch in
the county of Wellington, the townships of Nassagaweya
and Esquesing in the County of Halton, the Townships of
Chinguacousy, Toronto and Gore of Toronto in the County
of Peel, and the Townships of Etobicoke and York in the
County of York to the City of Toronto ; with a branch from
a point on the main line of railway already authorized at
or near the Town of Berlin passing through the Townships
of Waterloo, Woolwich and Wellesley in the County of
Waterloo, and the unincorporated Village of Heidelburg
to the unincorporated Village of Wellesley ; to increase its
issue of bonds, and otherwise to extend the company's pow-
ers ; and whereas it is expedient to grant the prayer of the
said petition;

Therefore His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows : —

Extension of !• The company may lay outj construct and oper-
line of railway ate a continuation of its main line of railway from
the City of Guelph, passing through the Townships of
Guelph and Puslinch in the County of Wellington, the
Townships of Nassagaweya and Esquesing in the County of
Halton, the Townships of Chinguacousy, Toronto and Gore
of Toronto in the County of Peel, and the Townships of
Etobicoke and York in the County of York, to the City of
Toronto; with a branch from a point on the main line of

railway

1906.

WESTERN CENTRAL RAILWAY.

Chap. 125

849

railway already authorized at or near the Town of Berlin,
passing through the Townships of Waterloo, Woolwich and
Wellesley in the County of Waterloo, and the unincorpor-
ated Village of Heidelburg to the unincorporated Village of
Wellesley.

2. Section 24 of the Act passed in the 5th year of His & Edw. vn.,
Majesty's reign, chaptered 109, is repealed. repealed.

3. Notwithstanding anything contained in The Ontario Time for*;com-
Kailway Act, 1906, if the construction of the railway and anedcompie-
of the extension and branches mentioned in the company's tl0n-

Act of Incorporation and in this Act is not commenced and
|250,000 is not expended thereon within two years after
the passing of this Act, or if the railway is not completed
and put in operation within five years from the passing of
this Act, then the powers granted by the company's said
Act of Incorporation and by this Act shall cease, and be
null and void as respects so much of the railway as then re-
mains uncompleted.

4. Section nineteen of the said recited Act is amended \ ^09^19 '
by substituting''|30,000"for"$25,000"in the fifth, eighth, amended. '
fifteenth and sixteenth lines of the said section and

by adding the following words to the end of the said
section: — "Provided that, should the company double
track its railway or acquired railways, additional bonds,
debentures or other securities not exceeding $15,000 for
each mile of railway so double tracked may be issued by
the company.

5. Notwithstanding anything contained in the said Act vSonToF10
of Incorporation, all the provisions of The Ontario Railway P0naPpfy Act
Act, 1906, applicable to railways to be operated by elec-
tricity, shall apply to the said company and the railway to

be constructed under this Act.

54 s.

CHAPTEE

850

Chap. 126. ANGLO-AMERICAN FIRE INS. CO. 6 EDW. VII

CHAPTER 126.

Preamble.

An Act respecting The Anglo-American Fire
Insurance Company.

Assented to 27th April, 1906.

WHEREAS the Anglo-American Eire Insurance Com-
pany has by petition set forth that the company
was incorporated by Letters Patent under the Great Seal
of Ontario, dated the sixteenth day of March, one thous-
and eight hundred and ninety-nine, issued pursuant to
The Ontario Insurance Act, with an authorized capital
stock of $1,000,000 divided into 10,000 shares of $100
each hereinafter called "old shares," and that the amount
of such capital stock subscribed for is $432,700, and
that the amount paid in on such subscribed capital stock
is $223,610, and that owing to exceptional losses from
conflagrations the paid up capital stock of the company
has become impaired, and that it is necessary to reduce
the capital stock of the company as hereinafter set forth,
and that the shareholders of the company having had
notice of the proposed reduction of the capital stock have
in general meeting approved of the same; and whereas it
is expedient to grant the prayer of the said petition ;

Therefore His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of On-
tario, enacts as follows: —

Capital stock .

1. Notwithstanding anything contained in the said
Letters Patent incorporating the company the capital
stock of the Anglo- American Fire Insurance Company
shall on and from the passing of this Act be $1,000,000
divided into 25,000 shares of the par value of $40 each,
hereinafter called "new shares."

substitution of ^* — ^ ^n an<^ ^TOm *ne passing of this Act each share-
" yew shares" holder of the Company shall be deemed to be and shall he
shares " and the holder of as many "new shares" in the capital stock
»fto1d1riar§Bn»0f of the Company as at the passing hereof he holds "old
54a s. shares"

1906.

ANGLO-AMERICAN FIRE INS . CO.

Chap. 126

851

shares" therein and, except in relation to creditors and
policy holders of the Company as hereinafter provided,
all "old shares" held by any shareholder shall be deemed
to have been surrendered and cancelled.

(2) On the "new shares" thus substituted for "old^na0fPamount
shares" there shall be deemed to have been paid in to the ^res " t'obe
company forty per cent, of the amount which was paid "ng^^JL
into the Company upon the corresponding "old shares"
and the holder of each such "new share" shall be liable
to the Company for the difference (if any) between forty
dollars and the amount so deemed to have been paid on
such "new share"; provided if at the passing of the Act
any shareholder is in default of payment of a call or calls
made on the old shares nothing herein contained shall
diminish or otherwise howsoever affect the liability of such
shareholder to the Company in respect of the said call or
calls.

3. Nothing herein contained shall be deemed to dimin- eVfauors and
ish the liability (if any) of any shareholder in respect of ^'affected6"
the "old shares" to any person who immediately prior to
the passing of this Act was a creditor or the holder of a
policy unexpired at the passing hereof; but any payment
made to the Company upon a substituted new share shall
reduce the liability of such shareholder by the amount of
such payment.

■i. The directors may from time to time make such calls c *1gS^>ghares
on "new shares" as they think fit ( not in any case exceed-
ing the amount remaining unpaid on any new share)
whether such shares are substituted shares or new shares
to be herealter issued ; such calls shall be payable at such
times and places and in such payments or instalments as
the directors appoint; provided that no call shall exceed
ten per cent, and that not less than thirty days' notice of
any call shall be given. Provided that no call shall be
made on the substituted shares until the holders of new
shares have been called upon to pay fifty per cent, of the
shares subscribed for by them respectively.

5. The Company may from time to time issue at the atS$4o°pertock
par value of forty dollars per share the whole or any por-snare-
tion of the unsubscribed capital stock of the Company and
may also issue or re-issue new stock of the Company to the
amount by which the subscribed capital stock has been
reduced by this Act; but the whole capital stock of the
Company shall not exceed at any time the sum of one
million dollars.

New issue to be

6. Every new issue of the capital stock of the Company ottered

shall first be offered for subscription to the then share- shareholders.

holders

852 Chap. 126. anglo-american fire ins. co. 6 Edw. VII

holders in proportion as nearly as possible to their then
respective holdings; and all shares ,of the capital stock
of the company shall rank pari passu.

Lued^10 be 7- No shares of the capital stock of the Company shall
than par. \>e issued or allotted by the Company at a less price than
par.

CHAPTER

1906.

BELL TELEPHONE MEMORIAL ASS'N. Chap. 127

853

CHAPTER 127.

An Act to incorporate The Bell Telephone
Memorial Association .

Assented to 14th May, 1906.

WHEREAS His Royal Highness, the Prince of Wales, Preamble.
His Excellency The Earl Grey, Governor-General
of Canada; His Excellency The Earl of Minto, Governor-
General of India; The Rt. Hon. The Earl of Stamford,
Governor of the New England Company; The Hon. W.
Mortimer Clark, Lieutenant-Governor of Ontario; The
Hon. J. P. Whitney, Premier of Ontario; The Hon. George
W. Ross, M.P.P. ; Sir Thomas G. Shaughnessy, Presi-
dent of the Canadian Pacific Railway ; and The Right Hon-
ourable The Earl of Strathcona, have consented to become
patrons of the association formed for the purpose of erect-
ing a suitable memorial perpetuating the memory of Alex-
ander Graham Bell, inventor of the telephone ; and whereas
it is expedient to incorporate the said association;

Therefore His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of On-
tario, enacts as follows: —

1. W. F. Cockshutt, M.P. ; Lloyd Harris, W. Norman Incorporation.
Andrews, Edward L. Goold, M. K. Halloran, George Kip-
pax, George H. Muirhead, T. H. Preston, M.P.P. ; F.
Douglas Reville, Alfred J. Wilkes, K.C. ; Charles H. Wat-
erous, John Muir, George Hately and such others as may
hereafter become subscribers to the fund to be formed for
the purposes aforesaid, shall be and are hereby incorporated
and made a body corporate and politic, as an association,
under the name of The Bell Telephone Memorial Associa-
tion, for the purpose of making such contracts and entering
into such agreements and arrangements as may be neces-
sary for the purpose of constructing, erecting, building and
keeping in repair a monument and such other memorial per-
petuating the memory of Alexander Graham Bell, inventor
of the telephone, at the City of Brantford, in the County of
Brant, and elsewhere in the County of Brant, with the right

854

Chap. 127 BELL TELEPHONE MEMORIAL ASS'N. 6 Edvv. VII

to the said association to sue, subject to the liability being
sued, in respect of any such contracts, agreements, arrange-
ments, monument and memorial works and premises.

Board of
directors.

2. The affairs of the association shall be managed by a
board of not less than five, and not more than fifteen direc-
tors, unless the by-laws of the association otherwise pro-
vide.

Directors-
First Board.

3. The following named persons shall be the directors of
the association until replaced by others, duly appointed, in
their stead, namely: W. F. Cockshutt, M.P.; Lloyd Har-
ris, W. Norman Andrews, Edward L. Goold, M. K. Hal-
loran, George Kippax, George H. Muirhead, T. H. Preston,
M.P.P. ; P. Douglas Eeville, A. J. Wilkes, K.C. ; Charles
H. Waterous, John Muir and George Hately.

subscribers*0 °e ^- ^° Person shall be elected or appointed as a director
hereafter unless- he is a subscriber.

Directors after 5. After directors of the association shall be elected by
the subscribers in general meeting of the association,
assembled at the City of Brantford, at such time and in
such manner, for such terms, not exceeding two years, as
the by-laws of the association prescribe.

directors °£ 6. In default of, and until other express provisions in
such behalf by by-laws of the association are made :

(1) Such election shall take place, all members of the
board retiring, and, if otherwise qualified, shall be eligible
for re-election.

Notice of meet

. i"gs.

Voting.

Vacancies in
Board.

I'resident.

(2) Notice of the time and place for holding the general
meetings shall be mailed to each subscriber, at least five
days previously thereto.

(3) At all general meetings of the association every sub-
scriber to the extent of five dollars shall be entitled to on©
vote, and to one vote additional for every additional ten
dollars' subscription, but in no case shall one person be
entitled to more than ten votes, and any subscriber may
vote by proxy, and any corporation or municipality being
a subscriber shall be entitled to be represented and to vote
by and through its chief executive officer.

(4) Vacancies occurring in the board of directors may,
unless the by-laws otherwise direct, be filled for the unex-
pired remainder of the term by the board from among the
qualified subscribers of the association.

(5) The directors shall, from time to time, elect from
among themselves a president of the association, and shall
also name and may remove at pleasure all other officers
thereof.

(6)

1906.

BELL TELEPHON K MEMORIAL ASS'N. Chap. 127

855

(6) The treasurer of the association shall give such se- Treasurer
curity as the board of directors may, from time to time, security,
direct.

(7) If at any time an election of directors is not made or when election
does not take effect at the proper time, the association shall propeStime.
not be held to be thereby dissolved, but sucb election may

take place at any general meeting of the association duly
called for that purpose, and the retiring directors shall con-
tinue in office until their successors are elected.

(8) The directors shall bave full power in all things to Erectors*
administer the affairs of the association, and may make or
cause to be made any description of contract which the
association may by law enter into.

(9) The directors may, from time to time, make such by- By-laws,
laws, not contrary to law, as they may deem necessary for

the proper regulation of the association.

(10) Five of tbe subscribers to the association shall at all fnpgescial meet"
times have the right to require the president or chairman to

call a special meeting thereof, for the transaction of any
business specified in such written requisition and notice as
they may issue to that effect.

(11) The association may enforce payment of all sub- Enforcing pay-

m m mm EQGIlt 01 SUD'

scriptions by action in any court of competent jurisdiction, scriptions.
and in such cases it shall not be necessary to set forth the
special matter, but it shall be sufficient to declare that the
defendant is a subscriber, and is indebted in tbe sum of
money in respect of sucb subscription whereby an action
bas accrued to the association under this Act, and a certi-
ficate under the seal and purporting to be signed by any
officer of the association to the effect tbat the defendant is
a subscriber, and that so much is due and unpaid by him
thereon, and that the same has been demanded, shall be re-
ceived in all courts as prima facie evidence of that effect.

(12) No subscriber, bis executors or administrators, shall subscribers not
be liable either to the said association or any creditor or ere- ^ilJ3^"?,,,
cutors thereof for or on account of liabilities thereof, be- °.f subscriP-
yond the amount unpaid on his subscription.

(13) The word "subscriber" shall mean in this Act any,,,,.

_ ,. iin, . J Who to be

person or persons, or corporations, who shall have given, deemed
donated or subscribed to the funds of the association the subscribers-
sum of $5.00 or upwards.

(14) It shall and may be lawful for the council of any Municipal
municipality by by-law, and without submitting such by-grams'
law to the vote or for the assent of the ratepayers, to grant
such sums, not exceeding $5,000 in the City of Brantford,
$2,000 in other cities, $500 in towns and counties, and $200
in townships to said association for the purpose of contri-
buting.

856

Chap. 127. BELL TELEPHONE MEMORIAL ASS'N. 6 Edw. VII

buting to the fund to be raised for the purposes aforesaid,
either in money or by the issue of debentures, at such dates
and for such amounts and at such rates of interest as may
be deemed advisable by such municipal councils.

with Park com- 7. The said association may enter into such agreements
BrMtford °f with the park commissioners of the City of Brantford, in
connection with the site for and erection of a monument
within the said city, and may acquire the Bell homestead,
in the Township of Brantford, and enter into such contracts
or agreements as may be necessary to maintain and keep in
repair the said monument and homestead property, or may
enter into such agreements with the municipalities of the
City of Brantford and the Township of Brantford in respect
to both the said monument and property, or either of them,
as may be deemed advisable, and such municipalities are
hereby authorized to enter into any agreements aforesaid.

CHAPTER.

1906.

B1RKBECK LOAN CO. OF LONDON.

Chap. 128.

857

CHAPTER 128.

An Act respecting" the Birkbeck Loan Company of
London, Canada.

HEREAS by an order of the County Judge of the

* - County of Middlesex, bearing date the twenty-ninth
day of April, in the year of our Lord one thousand nine
hundred and five, made under The Joint Stock Companies
Winding-up Act (being Chapter 222 of the Revised Statutes
of Ontario, 1897), the Birkbeck Loan Company of London,
Canada (hereinafter called the loan company), was placed
in liquidation ; and whereas the London and Western Trusts
Company, Limited (hereinafter called the liquidator), was
subsequently on the twenty-sixth day of May, 1905, ap-
pointed permanent liquidator, by the shareholders of the
said loan company in general meeting called and held under
the provisions of the said Act; and whereas the said loan
company was incorporated under The Building Societies
Act (being Chapter 169 of the Revised Statutes of Ontario,
1887), and issued both permanent and terminating shares :
and whereas difficulties have arisen as to the distribution
of the net amount realized and to be realized from the
assets (after the payment of the claims of creditors and the
costs of and incidental to the liquidation), as between the
various classes of shareholders ; and whereas an arrange-
ment, subject to confirmation by legislation, was provision-
ally entered into by way of compromise with the approval
of the County Judge of the County of Middlesex (herein-
after called the county judsye) and notice of the said com-
promise was on or about the twentieth day of September.
1905, mailed to each shareholder permanent or terminating
of the said loan company at his last known address, and the
great majority of the said shareholders either in writing
assented to, or did not dissent from, the said compromise:
and whereas it is desirable to confirm the said compromise
with a view to preventing loner and expensive litigation and
to enable the liquidator to wind up the said company and
distribute the assets thereof without delay.

Assented to 27th April, 1906.

Therefore

858

Chap. 128. BIEKBECK LOAN CO. OF LONDON. 6 EDW. VII

Therefore His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of Ontario,
enacts as follows: —

fflea're^nSf 1 — Tlle liquidator shall, within two months after
the liquida- the passing of this Act, unless by special leave of the County
Judge of the County of Middlesex, further time is allowed,
file with the Clerk of the County Court of the said County
a report of the liquidation, which report is to be made to
the said county judge.

ou?certainet (2) In addition to any other matters directed by the said
matters. judge to be shown or reported on, the said report shall set
out the following matters in detail: —

(a) Under the title assets: the several assets of the
said loan company as at the commencement of
the liquidation ; the respective amounts realized
thereon ; also the several assets (if any) remain-
ing unrealized at the date of the report, with
their respective values.

(6) Under the title liabilities: the several liabilities,
of the said loan company (other than the lia-
bilities to shareholders) as at the commencement
of the liquidation, distinguishing the liabilities
discharged by the liquidator from those (if any)
remaining undischarged at the date of the
report.

by the liquidator at the commencement of the
liquidation; also all moneys subsequently
received; and from whom and when and on
what account.

(d) Under the title expenditure: all moneys dis-

bursed by the liquidator, to whom, and when,
and for what debts, costs or services ; also the
balance of money remaining unexpended, and
where and to whose credit the said balance is
deposited.

(3) The said report shall further show, after providing
for the costs of liquidation and of procuring this Act, and
after full payment of creditors (not classing shareholders
among creditors) what moneys are available for distribution
among the shareholders, terminating and permanent, as
hereinafter provided.

(4) To the said report the liquidator shall annex two
schedules of shareholders, which may be known respectively
as Schedule "A" and Schedule "B."

(5) Schedule "A" shall show as at the date of the said
report, the names and addresses of all holders of terminat-
ing shares, and the kind and number of terminating shares

held

Report to
state what
moneys are
available for
distribution
among the
shareholders .

Schedules of
shareholders.;

Schedule A.

1906.

BIRKBECK LOAN CO. 01-' LONDON.

Chap. 128.

859

held by each holder respectively, and the liability of the
said loan company to him in respect of such shares. No
holder of terminating shares in the said loan company shall
after the passing of this Act be called upon or be liable to
make any further or other payment on such shares than the
payments theretofore made, but he shall be treated as hold-
ing full paid-up stock for the amount then standing at the
credit of his account in the books of the aid loan com-
pany.

(6) Schedule "B" shall show, as at the date of the said schedule b.
report, the names and addresses of all holders of fully paid-
up permanent shares in the said loan company ; provided
that in the case of permanent shares found by the said
county judge to have been issued illegally, or m breach of
trust, the original holder or any transferee with notice
shall not in respect of such shares be entitled to rank for
purposes of any distribution of asset, notwithstanding that
such shares are shown on the books of the said loan com-
pany as having been fully paid up.

Provided also that every holder of permanent shares Proviso,
which are not fully paid up shall be liable to the liquidator
for the amount not paid.

2. Upon hearing the said report and after settling the Judge.s order
schedules of distribution showing the particulars reCfuired {°ondistribu"
by subsections 5 and 6 of section 1 of this Act, and also the
amount payable to each shareholder respectively, the county

judge may from time to time order that the amount shown
to be available for distribution among shareholders be dis-
tributed according to the said schedules ; provided that, as
between shareholders found by the county judge entitled to sharehoid
participate in the distribution, the holders of terminating '°;™"k paH
shares and the holders of permanent shares shall in any dis-
tribution of assets rank pari -passu and take accordingly.

3. Nothing herein contained is intended to relieve or No reIief from
shall relieve from liability any director or other person who jfi^aVact'or
at the passing hereof was liable by reason of any illegal act breach of

or of any breach of trust. trust"

4. After the said distribution has been mode among Passingof
shareholders, and the other proceedings in the winding-up liquidator's
have been completed, the liquidator shall bring in and pass

his accounts, after which the county judge may order the Hquidator.01
discharge of the liquidator.

5. Except as herein expressly provided, nothing herein Powers of
contained shall interfere with, prejudice or impair the und'e^Rev^6

power of the coifntv judsre under the said The Joint Stork stat- °j

rTT7 • i' a reserved.

ompames Winrtin q-vp Art.

CHAPTER

ers

860

Chap. 129.

CITY GAS CO. OF LONDON.

6 Edw. VII

CHAPTER 129.

An Act respecting the City Gas Company of London.

HEREAS the City Gas Company of London is a cor-

T T poration incorporated nnder the provisions of Chapter
65 of the Consolidated Statutes of Canada, for the purpose
of supplying the City of London, Ontario, with gas, and the
powers of the said company were afterwards extended by
the provisions of the Act of the Legislature of Ontario,
passed in the 35th year of Her late Majesty's reign, entitled
"An Act respecting the City Gas Company of the City
of London;" and whereas by an Act passed in the 45th
year of Her late Majesty's reign, Chaptered 73, and entitled
"An Act to amend the present Acts of Incorporation of the
City Light and Heating Company of London," the name of
the said City Light and Heating Company of London was
changed to the City Gas Company of London, and authority
was conferred upon the said company to increase the cap-
ital stock of the said company to the sum of $250,000; and
whereas the powers of the said company were further
extended by the provisions of the Act of the Legislature
of Ontario, passed in the 46th year of Her late Majesty's
reign, entitled "An Act respecting the City Gas Company
of London and the London Gas Light Company;" and
whereas under the provisions of the said Act Chaptered 73
the capital stock of the said company was by a vote of the
shareholders increased to the sum of $250,000; and whereas
the said company has by petition prayed that an Act be
passed to grant to the said company authority to change the
par value of its stock, which now consists of 12,500 shares
of the par value of $20 each, of which 12,000 shares have
been issued, so that each shareholder shall receive one share
of the par value of $100 for each 5 shares of the par value
of $20 now held by him; and whereas the said company
have further petitioned to be allowed to increase its capital
stock from time to time for the purpose of making perman-
ent improvements and additions to its plant as necessity
may require for the purpose of supplying the said City of
London with gas ; and whereas it is expedient to grant the
prayer of the said petition ;

Assented to 14th May, 1906.

Therefore

1906.

CITY GAS CO. OF LONDON.

Chap. 129

861

Therefore His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of On-
tario, enacts as follows:- —

1. It shall be lawful for the said company to convert ^°°rve|r!50i{on °/d
its present paid up capital of $240,000, made up of up capital into
12,000 shares of $20 each into 2,400 shares of the par value *100-sWs-
of $100 each, giving to each shareholder one share for

each five shares held by him and fractional shares for the
balance to which he would be entitled.

2. It shall be lawful for the said company to increase *"£-^f!;'t°fck
its capital stock from time to time as may be necessary for

the purpose of providing for additions to its permanent
properties and plant so that the total capital of the said
company may equal, but shall not exceed, $400,000. The
said stock so issued from time to time shall be allotted to the
stockholders pro rata at par upon such terms of payment as
the by-laws creating such additional capital, may direct,
and such stockholders shall have a right to accept their pro-
portion of the said allottment or to assign or transfer their
right thereto, and the directors shall by by-law provide
for the sale or disposal of such shares of such additional
stock as may not be accepted or paid for according to such
terms; provided, however, that no change shall be made
in the value of the said shares, and no such additional stock
shall be issued until the issue thereof shall be sanctioned by
a meeting of the shareholders of the company to be specially
called for the purpose.

3. Every person subscribing for or taking any share in ^^blrs for
such additional capital stock shall have the same rights shares m added
and be subject to the same provisions, rules and liabilities, capit*1 stock'
except as herein otherwise provided, as the original sub-
scribers and shareholders of the said company, and the

various clauses of the Acts relating to the said company
applicable to the shares and shareholders of the said com-
pany shall apply to the shares hereby authorized to be
issued or subscribed for except so far as the same may be
inconsistent with the provisions hereof.

4. Nothing herein contained shall affect the qualifica- ^J*"™"011
tion of the present directors of the company, who may directors not
continue to act until the next general annual meeting 0faffecte<i'
the company, and until their successors are elected.

5. It is hereby declared that the "City Gas Company, city Gas co. of
of London," are subject to and bound by the agreement toTe^msofiw1
bearing date the 8th day of September, A.D. 1879, and^^*"*"!*'
made between The City Steam Heating Company and The a."
Corporation of the City of London (a copy of which is

hereto

862

Chap. 129.

CITY GAS CO. OF LONDON.

6 EDW. VII

hereto annexed as Schedule "A"), in the same manner,
and to the same extent in all respects, as if the words the
"City Gas Company of London" were inserted in the said
agreement, wherever the words "The City Steam Heating
Company" occur therein, and that the provisions of the
-said agreement shall apply to and govern the said com-
pany not only as to the laying down of pipes and the doing
of the other work, for conducting steam, hot air and hot
water for the purposes of the said company, but also as to
the laying down of any pipe or pipes, and the doing of any
work, for any other purpose of the said company.

reduce11 rice of ®' sa*^ company shall, on the 1st day of July,

gasltoe95cents A.D. 1906, reduce the price of gas to all consumers, within
i906Ulylst' the limits of the said City of London, as now existing or
hereafter extended, to ninety-five cents per thousand cubic
feet of gas, whether used for illuminating purposes or
otherwise, that is to say, the said company may charge one
dollar and twenty cents for each thousand cubic feet of
gas, subject, however, to a discount of twenty-five cents per
thousand cubic feet to which the consumer will be entitled
if the amount due by such consumer be paid within twenty
days after the same becomes due, and shall continue to sell
gas to all such consumers at the said rate and not at any
greater rate, for a period of five years from the 1st day of
Jul?, A.D. 1906.

company to 7. The said company shall on the 1st day of July,
rastoe90centsf ^-D- 1911, reduce the price of gas to all consumers within
on July 1st, limits of the said City of London, as now existing or
hereafter extended, to ninety cents net per thousand cubic
feet of gas, whether used for illuminating purposes or oth-
erwise, that is to say, the said company may charge one
dollar and twenty cents for each thousand cubic feet of
gas, subject, however, to a discount of thirty cents per
thousand cubic feet, to which the consumer will be entitled
if the amount due by such consumer be paid within twenty
days after the same becomes due, and shall continue there-
after to sell gas to all such consumers at a rate not greater
than the said rate.

8. The said company shall on the 1st day of Julv,
A.D. 1906, reduce the meter rents, upon all three light
and five light meters, within the limits of the said City of
London, as now existing or hereafter extended, to ten cents
per month instead of twenty cents per month where that
rate is now charged therefor, and to twelve cents per month
instead of twenty-five cents per month where that rate is
now charged therefor, and shall also at the same time
reduce all other meter rents to one-half of the amounts
charged therefor for the month of March, A.D. 1906, and
shall continue to charge thereafter to all consumers within

the

Reduction of
meter rents
after July 1st,
1906.

1906. CITY GAS CO. OF LONDON. Chap. 129 863

the said limits for meter rent not more than the said reduced
rates, for each three or five light meter.

9. It shall be lawful for the said City Gas Company issue of bonds
to borrow on debentures or bonds, either without security to $25o?oooJ^e,
or secured by mortgage, or other real or personal security, authorized,
any sum or sums, not exceeding in the whole, $250,000, at
such rate of interest, and upon such terms and conditions as
the company may deem advisable, and, if so agreed, to
secure the moneys teo borrowed as the company may
determine on all or any part of their estate, real or personal
property or both, and all moneys so borrowed or raised shall
be applied to the purposes of the company, and if after
having borrowed the whole or any part of such money, the
company pay oft' the same, or any portion thereof, it shall
be lawful for the company again to borrow the amount so
paid off, and so on from time to time to borrow or re-pay as
occasion shall require. Provided that the total indebted-
ness of the company for moneys borrowed under this section
shall not at any time exceed the sum of |250,000. Pro-
vided always that the consent of three-fourths in value of
the stockholders of the company, present or represented by
proxy, at a special meeting to be called and held for that
purpose, shall be obtained before the powers authorized by
this section are exercised.

10. The bonds or debentures authorized to be issued Bonds or
either with or without security as aforesaid, shall be per- bebpersonai
sonal estate, and shall rank and be entitled to be paid pro- estate- e*c-
portionately to the amounts secured thereby, and no bond
or debenture shall have priority or preference over another
by reason of the priority of the date of any such bond or
issue, or of the meeting at which the same was authorized
or otherwise howsoever, and such bonds or debentures shall
be in such form and payable to bearer, or otherwise at such
date or dates and with or without interest, as the directors
may determine from time to time. Provided further, that
notwithstanding the said mortgage and charge (if any) the
company may, so long as there shall be no default in pay-
ment of the interest upon any of such borrowed money, sell
any surplus lands or other property of the company, not
then required for the use of the company, and give a
good title thereto to the purchaser or purchasers thereof,
free from all incumbrances in respect of the money so bor-
rowed, and may apply the proceeds of such sale to the pur-
poses of the company, and in the event of a mortgage being
given to any trustee or trustees to secure the payment of
said bonds or debentures, such trustees shall, if required
by the company, join in the conveyance of the said surplus
lands or other property to the purchaser or purchasers
thereof, for the purpose of releasing the same from said
mortgage.

11.

864 Chap. 129. city gas co. of London. 6 Edw. VII

value ^"ands tota* vearly value of the lands and real pro-

of company not perty to be held by the company, for the purpose of its
5ioeoooeed business at any one time shall not (over and above the value
of the works erected thereon) exceed $10,000.

SCHEDULE "A."

This Indenture, made the eighth day of September, in the year
of our Lord one thousand eight hundred and seventy-nine,
between the City Steam Heating Company (hereinafter called
the Company) of the First part, and the Corporation of the
City of London (hereinafter called the Corporation) of the
Second part.

Whereas the company has been incorporated under the provi-
sions of The Act 'respecting the Incorporation of Joint Stock Com-
panies by Letters Patent, chapter one hundred and fifty, of the
Revised Statutes of Ontario, for supplying steam, hot air or hot
water for power and heating purposes in the City of London and
its suburbs ;

And whereas the company has applied to the corporation for
authority to lay down the necessary pipes for conducting steam,
hot air or hot water for the purposes of the Company through the
streets, highways and public places of the city, and the corporation
has agreed to grant such authority upon and subject to the con-
ditions contained in this agreement ;

Now this Indenture witnesseth that it is agreed by and between
the said company and the said corporation in the manner follow-
ing, that is to say :

1. That the said company shall not break, dig or tear up any
pavement, macadam or other road surface, or make any excavation
in or under any of the streets, highways or public places within
the city for the purpose of laying down the said pipes or repairing
or maintaining them or otherwise in connection with their works
or operations, without giving twenty-four hours' previous notice
in writing to the city engineer, specifying therein the part of the
street or highway which it is proposed to break, dig or tear up,
or in or under which it is proposed to make any excavations.

2. That the said company shall perform all the work which it
1 shall do in or under any street or highway within the city under

the supervision of the city engineer, and shall lay its pipes at such
depth, in such portion of the street or otherwise as the city
engineer may deem necessary or expedient in order to prevent
unnecessary injury to the streets and highways or danger to the
public, and shall not in any way interfere with any sewer or drain,
water, gas or other pipe which may be laid therein.

3. That the said company shall not break, dig up or open any
of the said streets, highways or public places for the purpose of
laying down, repairing or maintaining its pipes, or for any other

purpose connected with the carrying on of its operations at a time
when the city engineer shall notify. the said company in writing
not to do so.

1906.

CITY GAS CO. OF LONDON.

Chap. 129

865

4. That the said company shall not break, dig up or open or
keep 6pen more of the streets or highways of the said city at any
one time than the city engineer shall deem it expedient to be so
broken, dug up or opened at one time, and shall not keep the
same open for a longer period than is absolutely necessary to
perform the work which is being performed and not after the lapse
of such period as the city engineer shall by any notice in writing
direct.

5. That the company shall, while any work is in progress in any
of . the streets, highways or public places within the city, keep and
maintain such barriers, watchmen and lights and take such other
care and precaution as may be necessary or the city engineer may
require for the protection and safety of the public and of property.

6. That the said company shall, without any unreasonable delay
and to the satisfaction of the city engineer, repair and make good
the streets, highways and public places which they shall break,
dig up or open for any of the purposes aforesaid or injure in so
doing.

7. That the said company shall make good to any person who
shall be injured either in person or property, by or through the
negligence of the said company in the construction, repair, main-
tenance or operation of its works, the loss and damage sustained
by him, and shall indemnify and save harmless the corporation
from all actions, suits, claims and demands which may be brought
or prosecuted against the corporation in consequence of any act,
default or omission of the company or of the exercise by the com^
pany of any of the rights conferred by the by-law authorizing the
execution of this agreement.

8. That if the said company shall neglect to repair or make good
any street, highway or public place which shall be broken, dug up
or opened in or for the construction, repair or maintenance of its
works, or in or for the carrying on of its operations, within such
time as the city engineer shall in writing appoint for that purpose
and to the satisfaction of the said engineer, or if the said com-
pany shall omit to do any other act or thing which by the terms
of this agreement or otherwise it ought to do in or in connection
with the breaking, digging up or opening of any of the streets,
highways or public places within the city for the purposes afore-
said or any of them, the same may be done by the corporation,
and the amount which the said engineer shall certify to be the
cost thereof shall be paid by the company to the corporation within
ten days after the certificate of the engineer shall be served upon
them, and if the same shall remain unpaid for the period of three
months after the expiration of the said period of ten days, all the
rights and powers conferred upon the said company by the said
by-law shall at the option of the corporataion be revoked, and the
said by-law may be repealed.

9. That the company shall also observe all such further and other
regulations as the council of the said corporation shall from time
to time adopt for the laying down of the pipes or in connection
with the construction, maintenance or repair of the works, or with
the carrying on of the operations of the said company in the
streets, highways or public places within the city or otherwise,
for the safety and protection of the public in the exercise of the
power conferred by the said by-law and the Act passed in the
forty-second year of Her Majesty's reign, intituled An Act respect-
ing Steam and Heating Companies.

10. That any notice required to be served upon the company
may be served by mailing the same at the London Post Office,
addressed to the company by its corporate name aforesaid, or by
leaving the same at the office or place of business of the company.

55 s.

866

Chap. 129.

CITY GAS CO. OF LONDON.

6 Edw. YII

11. That the company shall at all times, upon request, make out
and deliver to the corporation or any of its officers who may be
authorized by it to demand the same, a statement in writing of
the names and residences of the several stockholders of the said
company, the amount of stock held by them respectively and the
amount paid thereon.

In witness whereof the said company hath caused to be affixed
its corporate seal and the president thereof hath set his hand,
and the mayor of the said city hath set his hand and caused to
be affixed the corporate seal of the said city the day and year first
above written.

Signed, sealed and delivered

in the presence of Wm. Bowman,

President City Steam Heating Company.

Thomas Drought,
for President Bowman. R. Lewis,

Mayor.

(L. S.)

5oa s.

CHAPTER

1906.

HURON" AX D ERIE L. AND S. CO. Chap. 130

st>7

CHAPTER 130.

An Act respecting' The Huron and Erie Loan and
Savings Company.

Assented to 27th April, 1906.

7 HEREAS the Huron and Erie Loan and Savings Com- Pl

pany (hereinafter referred to as The Amalgamated
Corporation) has by its petition set forth that The Huron
and Erie Loan and Savings Company and the Canadian
Savings and Loan Company of London, Canada, being
corporations duly incorporated as permament loan com-
panies under the law of the Province of Ontario, and being
loan corporations within the meaning of, and duly regis-
tered under The Loan Corporations Act, Chapter 205 of
the Revised Statutes of Ontario, 1897, acting through
their respective directors, under the provisions of the said
last mentioned Act in that behalf, on or about the twenty-
fourth day of October, A.D. 1905, entered into and exe-
cuted under their respective corporate seals a provisional
agreement (a copy of which is set out in the schedule here-
to) for the union, merger, amalgamation and consolidation
of the said two contracting corporations upon the terms and
conditions in the said agreement set forth ; and that the
provisions of the said The Loan Corporations Act in that
behalf were thereupon duly complied with, and the said
agreement was at respective meetings of the shareholders
of the said two contracting corporations, held separately
on the seventh day of December, A.D. 1905, duly ratified
and accepted by resolutions of the shareholders of the said
respective rorporations ; and that the said agreement was
thereafter, by Order-in-Council dated the twenty-ninth
day of December, A.D. 1905, duly approved by the Lieu-
tenant-Governor in Council; and that, subsequently, pur-
suant to the provisions of the said Act, on the tenth dav
of January, A.D. 1906, the Attorney-General for Ontario
di'l duly issue a certificate under his hand and seal certi-
fying the said assent of the Lieutenant-Governor in Coun-
cil, arid declaring1 the amalgamation of the said two con-
tracting corporations as provided by the said Act; and

that

868

Chap. 130. HURON AND ERIE L. AND S. CO. 6 Edw. YII

that the carrying out of the provisions of the said agree-
ment contemplates the issue by The Amalgamated Corpor-
ation of five hundred thousand dollars of new stock, and it
is deemed desirable that the said issue should be ratified
and confirmed; and that, at the date of the issue of the
said certificate of the Attorney-General various matters,
including the investigation and verification by adjusters
appointed by the said two contracting corporations respec-
tively, of the last annual financial statements of the said
two contracting corporations respectively, as provided for
by the said agreement, had not been completed ; and that
the amount of the bonus to be received by the shareholders
of the said The Canadian Savings and Loan Company of
London, Canada, imder the said agreement depended on
the result of the said investigation ; and whereas the
amalgamated corporation has, by its petition, further set
forth that the said adjusters have now completed the said
investigation, and, on the thirtieth day of January, A.D.
1906, did, by a certificate duly executed under their respec-
tive hands and seals, report, certify and declare that they
had respectively investigated and verified the said respec-
tive last annual financial statements of the said contracting
corporations, and respectively found the same to be correct;
and whereas the Amalgamated Corporation has prayed that
the result of the said investigation and the matters herein
contained relating to the said amalgamation be declared,
ratified and confirmed by an Act of the Legislature; and
whereas it is expedient to grant the prayer of the peti-
tion ;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly, of the Province of
Ontario, enacts as follows;

Agreement set 1. The said agreement is hereby ratified and confirmed-
conn™ededule and it is hereby declared and enacted that on, from and
after the first day of January, A.D. 1906, the said agree-
ment, so ratified by the said resolutions, took effect as the
agreement and -act of union, amalgamation and consolida-
tion of the said two contracting corporations and that
thereupon pursuant to the said Act, the said two contract-
ing corporations .became amalgamated into one loan corpor-
ation, under the name of The Huron and Erie Loan and
Savings Company with a common seal; with all powers,
rights, duties and obligations arising out of the said agree-
ment (including inter alia the power to complete the
adjustment therein mentioned), with an authorized capital
stock consisting of fixed, permanent and non-withdrawable
stock to the amount of five million dollars ($5,000,000)
in shares of fifty dollars ($50) each, of which capital
stock three million five hundred thousand dollars ($3,500,-
000) has been subscribed, composed of thirty thousand

(30,000)

190C. HURON AND ERIE L. AND S. CO. Chap. 130 869

(30,000) fully paid shares of the par value of fifty dollars
(|50) each, and forty thousand (40,000) shares of the
same par value, on which twenty per cent, has been paid,
the total amount paid on the said stock being the sum of
one million nine hundred thousand dollars (fl, 900, 000),
and the liability to The Amalgamated Corporation of each
holder of the said stock on which twenty per cent, has been
paid being the uncalled eighty per cent, thereof, together
with the proportion of premium yet to be paid thereon
(such premium being forty-five per cent, on the said
uncalled eighty per cent.)

2. The Amalgamated Corporation shall, subject to the fpr°^sisae°^f
law of the Province, possess all the rights, privileges and amalgamated
franchises of each of said contracting corporations ; and, corP°ratIon-
as from the said first day of January, A.D. 1906, all and
singular the business, property, real and personal, and all

rights and incidents appurtenant thereto, all stocks, mort-
gages or other securities, subscriptions and other debts due
on whatever acount, and other things in action belonging
to such contracting corporations or either of them were,
and are hereby declared to have been transferred to and
vested in The Amalgamated Corporation without further
act or deed; provided, however, that all rights of credi-
tors and liens upon the property of either of such contract-
ing corporations shall be unimpaired by such amalgam-
ation, and that all debts, liabilities and duties of either of
the said contracting corporations shall thenceforth attach
to the Amalgamated Corporation, and may be enforced
against it to the same extent as if the said debts, liabilities
and duties had been incurred or contracted by it ; and that
no action or proceeding, legal or equitable, by or against
the said contracting corporations or either of them shall
abate or be affected by such amalgamation, but for all the
purposes of such action or proceeding such corporation
may be deemed still to exist or the Amalgamated Corpor-
ation may be substituted in such action or proceeding in
the place thereof.

3. It is further declared and enacted that, notwithstand- iSSUe of jsoo,-
ing anything in the said Act or any other Act contained, confirmed*
The Amalgamated Corporation was fully empowered to

make the issue of five hundred thousand dollars ($500,000)
of stock in the said agreement referred to, for the pur-
poses of the said agreement, and the said issue of such
stock is hereby ratified, confirmed and validated.

4. It is hereby declared that by virtue of the said agree- certificate of
ment and of the said certificate of the said adjusters the annual "nan t-
b^.nus to be received by the shareholders of the said The clai statement
Canadian Savings and Loan Company, of London, Canada, bonus*1"8
became as from the said thirtieth day of January, A.D.

1906,

870 Chap. 130. HURON AND ERIE L. AND S. CO. 6 Edw. VII

1906, ascertained, fixed and determinate, and that the said
bonus is the sum of seventy thousand dollars ($70,000).

KsulSt 5- For tlie purposes of The Land Titles Act, or of regio-
witr^Rev^tat trati°n under The Registry Act or of The Bills of Sale
cc. 136, 138 and and Chattel Mortgage Act, or any other Act of the Pro-
vince, it shall be sufficient, in order to show the' trans-
mission of title from the said contracting corporations, or
either of them, to The Amalgamated Corporation, if any
instrument affecting lands or interests in land, or personal
property or interests in personal property, included or
intended to be included in the said agreement confirmed
and validated by this Act, recite or mention the title of
this Act and the chapter and statute year in which this
Act was passed.

affect0efficacv ^' passing of this Act shall not in any way be

of any other" deemed to imply that any agreement for the sale of the assets
sale of assets of of a Loan Corporation or for the amalgamation of Loan
tfon™faLoana Corporations made or to be made under The Loan Corpora-
corporations, tions Act, and assented to thereunder by the Lieutenant-
Governor of Ontario in Council is not or shall not be to all
intents and purposes whatsoever, sufficient, effectual and
binding, nor shall the passing of this Act be in any way
deemed to imply that any certificate of the Minister made
or to be made under section 45 of The Loan Corporations
Act is not or shall not be conclusive evidence of the matters
in the' said certificate certified or declared.

etc.

SCHEDULE.

This Indenture made in quadruplicate this twenty-fourth day of
October, A.D. 1905, between The Huron and Erie Loan and
Savings Company, of the first part; and The Canadian Sav-
ings and Loan Company of London, Canada, of the second
part.

Whereas the parties of the first and second parts were each duly
incorporated as permanent loan companies under the law of the
Province of Ontario, and are loan corporations within the mean-
ing of, and stand duly registered under The Loan Corporations
Act, chapter 205, Revised Statutes of Ontario, 1897, and have each
a paid up permanent non-withdrawable and unimpaired capital
exceeding the sum of three hundred thousand dollars ($300,000.00)
on which a sum exceeding the sum of one hundred thousand dol-
lars ($100,000.00) has been paid and is unimpaired ; and, under
the provisions of the said Act, and of the laws in that behalf, are
empowered to unite, merge, amalgamate and consolidate the said
corporations, together with their respective stocks, properties,*
businesses and franchises, and to transact a like business ;

And whereas it has been deemed desirable that the said two
corporations shall become united and amalgamated pursuant to the
provisions of the said Act and of the law in that behalf;

And whereas the directors of each of the said corporations have,
pursuant to the said Act, and to the law in that behalf, entered
into these presents as a joint agreement under the corporate seal
of each of the said corporations, respectively, for the union, mer-
ger,

1906.

HURON AND ERIE L. AND S. CO. Chap. 130

ger. amalgamation and consolidation of the said two corporations
upon the terms and conditions hereinafter set forth.

And whereas pursuant to the statutory provisions in that behalf
it is intended to procure the shareholders of the said corporations
to pass severally resolutions ratifying and accepting this agree-
ment and indenture, and thereafter to submit the same so ratified
and accepted for the assent of the Lieutenant-Governor of Ontario
in Council ;

And whereas the assets and liabilities of the said two corpora-
tions, as shown by their respective last annual statements dated
the thirty-first day of December, A.D. 1904, and published iD the
report of the Registrar of Loan Corporations for Ontario, are as
follows, to wit : The assets of the said The Huron and Erie Loan
and Savings Company are eight million, two hundred and ninety-
one thousand, three hundred and fortv dollars and sixtv-two cents
($8,291,340.62).

The liabilities of the last named corporation to the public are
five million, seven hundred and ninety-eight thousand, five hun-
dred and fifty-two dollars and twelve cents ($5,798,552.12).

The excess of the said assets over the said liabilities (the said
excess being hereinafter called the net assets) is two million, four
hundred and ninety-two thousand, seven hundred and eight-eight
dollars and fifty cents $2,492,788.50).

The assets of the said The Canadian Savings and L<>an Company,
of London, Canada, are two million, four hundred and ten thous-
and, five hundred and thirty dollars and eighteen cents ($2,410,-
530.18).

The liabilities of the last named corporation to the public are
one million, three hundred and thirty-nine thousand, seven hun-
dred and fourteen dollars and eighty-six cents ($1,339,714.86).

The excess of the said assets of the last named corporation over
the said last mentioned liabilities (the said excess being herein-
after called the net assets) is one million, seventy thousand, eight*
hundred and fifteen dollars and thirty-two cents ($1,070,815.32).

And whereas the subscribed capital stock of the party of the first
part is three million dollars ($3,000,000.00) on which one million,
four hundred thousand dollars $1,400,000.00) has been paid up;

And whereas the subscribed capital stock of the party of the
second part is seven hundred and fifty thousand dollars ($750,-
000.00) which is fully paid up.

And whereas it has been agreed between the said corporations
that the market value of the capital stock of each of the said cor-
porations, respectively, shall, to the extent to which the same has
been paid in, be deemed for the purposes of this agreement to be
as follows :

The Huron and Erie Loan and Savings Company at two mil-
lion, five hundred and seventy-six thousand dollars ($2,576,000.00).

The Canadian Savings and Loan Company, of London, Canada,
at nine hundred and ninety thousand dollars ($990,000.00).

Now therefore this indenture witnesseth that for the purposes
of carrying into effect the said union, merger, amalgamation and
consolidation of the said two corporations, and in consideration of
the premises and of the reciprocal covenants and agreements between
the parties hereto herein contained, the parties of the first
and second parts do hereby covenant and agree each with the other
as follows :

1. The said two corporations, parties hereto, .hereby covenant
and agree to and with each other, to unite, merge, amalgamate and
consolidate into one corporation under the name of "The Huron
and Erie Loan and Savings Company," hereinafter called the
amalgamated company, and also that this indenture shall, respec-
tively, for and in behalf of each of the said corporations, be exe-
cuted by its president, or vice-president and manager, under its

corporate

Chap. 130.

HURON AND ERIE L. AND S. CO. 6 EdW. VII

corporate seal, and that this indenture so executed shall, if rati-
fied by the shareholders of each of the said two corporations, res-
pectively, be submitted for and shall be subject to the assent of
the Lieutenant-Governor of Ontario in Council, and the certificate
of such assent shall be final and conclusive evidence, not only of
such assent and of all matters certified or declared in the official
certificate of assent, but also of the due performance and execution
of all conditions, matters and things precedent or preliminary to
such assent or certificate.

2. As from the date of the said assent of the Lieutenant-Governor
of Ontario in Council, the said union, merger, amalgamation and
consolidation of the said two corporations into the amalgamated
company shall take effect ipso facto, and these presents shall thence-
forth be taken and deemed to be the agreement and act of union,
merger, amalgamation and consolidation of the said two corpora-
tions, and as from the date of the said assent, the said two cor-
porations shall be deemed and taken to be united, amalgamated
and consolidated, and to merge in and form one corporation by the
name of "The Huron and Erie Loan and Savings Company."

3. As from the date of the said assent of the Lieutenant-Gover-
nor of Ontario in Council, the said amalgamated company shall,
for its own use and benefit (subject always to the law governing
property and civil rights), have, hold, possess, enjoy, exercise and
use all the rights, privileges and franchises of each of the said
two corporations, parties hereto, and as from the said date all and
singular all lands, mortgages, securities, title deeds, charges, liens,
cash, bank notes, bonds, debentures, stocks, shares, bills, notes,
subscriptions, debts, accounts, chattels, fixtures, furniture, books of
accounts, judgments, things in action, and all property, real and-
personal, and all powers, rights and incidents appurtenant thereto.
Also all estates, effects, rights, interests and credits of every kind
and nature whatsoever and wheresoever situate, of, or belonging
to the said two corporations, parties hereto, or to either of them,

• shall, by the said assent of the Lieutenant-Governor of Ontario
in Council, and without any further act, deed or instrument be
taken and be deemed to be conveyed, assigned and transferred to
and vested in the said amalgamated company to and for the use
and benefit absolutely of the said amalgamated company, its suc-
cessors and assigns.

Provided, however, that no rights of creditors nor mortgages,
charges or liens upon the property of either of the said corpora-
tions, parties hereto, shall be in any wise impaired by such amal-
gamation ; but that all debts, liabilities and duties of each of the
said corporations shall thenceforth attach to the said the amalgam-
ated Company, and may be enforced against it to the same extent
as if the said debts and liabilities and duties had been incurred,
contracted or undertaken by it, and that no action or proceed-
ing, legal or equitable, by or against the said two Corporations
so amalgamated or either of them shall abate or be affected by
such amalgamation, but for all the purposes of such action or pro-
ceeding such corporation may be deemed still to exist, or the said
amalgamated company may be substituted in such action or pro-
ceeding in the place thereof.

4. The rules and by-laws of the said party of the First part,
"The Huron and Erie Loan and Savings Company," in so far as
the same are not contrary to law or inconsistent with this
agreement, shall be the present existing rules and by-laws of the
amalgamated Company until the same are lawfully repealed,
amended or added to by the said amalgamated Company.

5. The number of Directors of the said amalgamated Company
shall not exceed nine nor be less than five and the first Direct-
ors thereof whose term of office shall continue until the first an-
nual meeting of the said amalgamated Company to be holden on
the second Wednesday of February, A.D. 1906, shall consist of

five

1906.

HURON AND ERIE LOAN AND SAV. CO. Chap. 130

five to be elected by the present Directors of the party of the first
part by a majority vote from among the members of its present
Board, and four to be elected by the present Directors of the party
of the Second part by a majority vote from among the members
of its present Board, such election to be made immediately after
the said ratification by the shareholders of this agreement, but
until the said assent of the Lieutenant-Governor of Ontario in
Council is had hereto, nothing herein contained shall be deemed
to impair or affect the powers, rights, duties or liabilities of the
Directors of the several Corporations, parties hereto. George A.
Somerville, of the City of London, in the County of Middlesex,
shall be the first Manager of the said amalgamated Company.

6. The head office of the said amalgamated Company shall be
in the City of London, in the Province of Ontario.

7. The authorized capital stock of the said amalgamated Com-
pany shall be five million dollars ($5,000,000.00), in shares of the

'par value of fifty dollars ($50.00) each, of which capital stock
three million, five hundred thousand dollars ($3,500,000.0) has been
subscribed, composed of thirty thousand (30,000) fully paid shares
of the par value of fifty dollars ($50.00) each and forty thousand
(40,000) shares of the same par value on which twenty per cent,
has been paid, the total amount paid on the said stock being the
sum of one million, n;ne hundred thousand dollars ($1,900,000.00.)

8. From the date of the said asent of the Lieutenant-Gover-
nor of Ontario in Council each holder of shares of the capital stock
of the Huron and Erie Loan and Savings Company and of the
Canadian Savings and Loan Company, of London, Canada, re-
spectively, shall be deemed by virtue of the said assent ipso facto
to have surrendered the said shares and to have accepted and to
hold (substituted therefor) shares of the capital stock of the said
amalgamated Company in the manner following, that is to say :

(a) In the case of The Huron and Erie Loan and Savings Com-
pany (the party hereto of the first part) each shareholder there-
in of record on the books thereof at the date of the said assent
hereto of the Lieutenant-Governor of Ontario in Council shall re-
ceive the same number and description both of the fully paid and
of the partially paid stock of the said amalgamated company as
he, at the said last mentioned date, holds in the stock of the said
Company (the party of the first part), in lieu of and in substitu-
tion for the last mentioned stock and in respect of partly paid
shares of the said amalgamated Company the holder shall be liable
to the said amalgamated Company for the amount remaining un-
paid thereon.

(b) In the case of The Canadian Savings and Loan Company of
London. Canada, each shareholder therein of record on the books
of the said last mentioned company on the said date of assent, shall,
in addition to the bonus hereinafter provided and subject to the
provisions hereinafter made as to adjustment and as to fractions
of shares, receive shares, of stock fully paid of the said amalga-
mated Company in the proportion of two shares of fully paid
stock of the said amalgamated Company for every three shares
of the fully paid stock of the Canadian Savings and Loan Com-
pany of London, Canada, held by him, in lieu of and in substi-
tution for the stock of the Canadian Savings and Loan Company
of London, Canada, as held by him.

9. If in any substitution of shares a fraction of a share remains
the procedure in dealing with the same shall be as follows, to wit:

(a) So long as any portion of the said issue of five hundred
thousand dollars ($500,000.00) of the stock of the said amalgamat-
ed Company remains unallotted, any shareholder entitled to such
fraction shall have the right within one month of the aforesaid
assent of the Lieutenant-Governor of Ontario in Council, on noti-
fying the said amalgamated Company in writing of his intention
so to do. to pay to the amalgamated Company the difference re-
quired

Chap. 130.

HURON AND ERIE L. AND S. CO.

6 Edw. VII

quired to make up the value of one fully paid share of the stock
of the said last mentioned Company (the same to be treated as of
the value of ninety-two dollars ($92.00), paying to the said Com-
pany at the time of giving the said notice the necessary money for
that purpose, and such shareholder shall thereupon be entitled to
have allotted to him one fully paid share of the stock of the said
amalgamated Company.

(b) Provided, always, that in assigning the said unallotted
shares to the shareholders entitled to fractions as aforesaid, the
order of allotment shall be as follows : Each shareholder en-
titled to two-thirds of a share shall be first supplied, and if any
shares of the said issue of five hundred thousand dollars ($500,-
000.00) are then left, the order of allotment thereof shall be gov-
erned by the order in time of the receipt by the said amalgamated
Company of the notice of intention of such shareholder to con-
vert his fraction into a full share in manner aforesaid.

(c) Provided, further, that in the case of all shareholders en-
titled to fractions as aforesaid who shall not, within the time here-
inbefore limited, convert such fractions into full shares in manner
aforesaid, each of such shareholders shall, upon expiry of the said
period of one month, be credited in the books of the said amalga-
mated Company with a sum in money which shall be equivalent
to the value of his fraction (the full share being taken to be of
the value of ninety-two dollars ($92.00).

10. The terms, conditions and mode of carrying into effect the
said amalgamation shall be as follows :

The said amalgamation shall be carried into effect on the basis
of the last annual statement, being the statement for the year
ending the thirty-first day of December, A.D. 1904, made by each
of the said corporations respectively under The Loan Corporations'
Act, as published in the report of the Registrar of Loan Corpora-
tions, which respective statements the party of the first part (as
to the statement issued by the said The Huron and Erie Loan and
Savings Company) and the party of the second part (as to the
statements issued by the said The Canadian Savings and Loan Com-
pany of London, Canada), hereby respectively represent, declare
and guarantee to be correct and accurate in every particular.

11. The said amalgamation shall take effect as from the date of
the assent hereto of the Lieutenant-Governor of Ontario in Coun-
cil, and in respect of the six months ending the thirty-first day
of December, A.D. 1905, the several shareholders of each of the
said corporations, parties hereto, shall be entitled to receive from
the amalgamated Company, out of the profits by way of dividend,
sums which shall be equal to those paid by the respective Corpora-
tions by way of dividends for the next preceding six months.

12. For the purposes of the said amalgamation each fully paid
share of the capital stock of the said The Canadian Savings and
Loan Company of London, Canada, shall be treated as of the
value of sixty-six dollars ($66.00), and each fully paid share of the
capital stock of the said The Huron and Erie Loan and Savings
Company as of the value of ninety-two dollars ($92.00), and the
shareholders of the said The Canadian Savings and Loan Com-
pany of London, Canada, on record at the date of the assent of
the Lieutenant-Governor of Ontario in Council hereto shall, in
lieu of and in exchange for the aforesaid seven hundred and fifty
thousand dollars ($750,000.00) of the fully paid stock of the said
The Canadian Savings and Loan Company of London, Canada,
held by them, receive five hundred thousand dollars ($500,000.00)
of fully paid stock of the said amalgamated Company together
with a bonus as hereinafter provided, the said stock and bonus so
to be received by the shareholders of the said The Canadian Sav-
ings and Loan Company of London, Canada, to be divided and
apportioned among them pro rata in proportion to the stock of
*hf said last mentioned Corporation, held by them at the date of
the said assent. The said bonus shall be regulated as follows:

1906.

HURON AND ERIE L. AND S. CO. Cliap. 130

In case the statements of both Corporations hereinbefore refer-
red to shall, as the result of the investigation by the adjusters
hereinafter provided for, be found to be correct, the said bonus
shall be seventy thousand dollars ($70,000.00); but in the event of
arty inaccuracy being discovered in the said statements or either
of them as a result of the said investigation, whereby the net
assets of either of the said Corporations (parties hereto) are in-
creased or diminished as at the thirty-first day of December, A.D.
1904, then the said bonus of seventy thousand dollars ($70,000.00)
shall be increased or diminished accordingly. The said bonus so
adjusted shall, prior to the taking effect of the said amalgamation,
be provided by withdrawing the amount necessary to pay the
same from the Reserve Fund of the said The Canadian Savings
and Loan Company of London, Canada, and the money so with-
drawn shall be set aside, and be paid over to the amalgamated
Company, to be by it distributed pro rata as aforesaid by way of
bonus among the shareholders of the said The Canadian Savings
aud Loan Company of London, Canada, of record at the date of
the said assent of the Lieutenant-Governor of Ontario in Council ;
and forthwith after the said assent the said amalgamated Com-
pany shall pay over the said bonus to the several shareholders en-
titled thereto.

13. Each of the said Corporations shall have eight weeks from
the date of the ratification of this agreement by the shareholders
of the said two Corporations respectively, in which to investigate
and verify the said financial statement of the other, and to ex-
amine the books and securities of the other. In case the foregoing
statement of the net assets of either of the said Corporations
(parties hereto) as at the thirty-first day of December, A.D. 1904,
should, as the result of the said investigation by the adjusters, be
found to be incorrect, then the exchange consideration shall be
adjusted accordingly.

For the assistance of the adjusters hereinafter mentioned, one
or more auditors shall be appointed by each of the parties hereto
(the same number of auditors to be appointed by each of the said
parties), and the said Corporations and each of them shall pro-
duce all books, documents, securities, vouchers and statements and
give and furnish all information required by such auditors, and
shall do everything necessary to facilitate the making of such
audit.

14. Immediately after the date of the ratification of this agree-
ment by the shareholders of the said two Corporations, parties here-
to, respectively, then for the purpose of such investigation the
Board of Directors of each Corporation shall appoint two adjust-
ers, who may be Directors or not of such Corporation and who
shall choose an umpire.

If they cannot agree upon an umpire, a Judge of the County
Court of the County of Middlesex shall, upon the application of
either party, have authority to appoint one, and the award of
such adjusters, or, if they fail to agree, of such umpire, shall be
final and binding upon both parties hereto, and may, on the appli-
cation of either party, be enforced as a rule of Court, as in the
case of an award of arbitrators.

In witness whereof the parties hereto have respectively here-
unto affixed their seals, attested by the signatures of their Presi-
dents and Managers respectively.

Signed, sealed and delivered,
in the presence of

(Sgd.) H. W. Givenb,

(Sgd.) J. F. Kern, (Sgd.) J. W. Little, President.

(Sgd.) Geo. A. Somerville,

Manager.

The Huron and Erie Loan Savings Co. Seal.

(Sgd.) Robt. Fox, President.
(Sgd.) M. H. Rowland,

Manager.

The Canadian Savings and Loan Co. Seal.

CHAPTER

876 Chap. 131. LONDON AND WESTERN TRUSTS CO. 6 EDW. VII

CHAPTER 131.

An Act to empower the London and Western Trusts
Company, Limited, to sell certain lands in the
County of Lambton.

Assented to 27th April, 1906.

preamble. 11/ HER.EAS the London, and Western Trusts Company,
ft Limited, have by their petition represented that on
or about the 30th day of August, A.D. 1888, a certain
trust deed set forth as schedule "A" to this Act was
made and entered into ; that Frank Ward, the trustee, one
of the parties to said trust deed, on or about the date
thereof entered into possession of the property conveyed to
him thereby and assumed the burden of the trust of the
said deed and continued such possession and operated the
properties so conveyed to him to the time of his death on
December 25th, 1905; that the said Frank Ward duly
made and published his last will and testament, wherein
he appointed the petitioners his executors; that Edwin D.
Kerby, one of the parties to said trust deed, died in the
year 1889, intestate ; that the realty in said trust deed
described consists of developed oil lands and the only
revenue therefrom is from the oil operations carried on
upon said lands ; that the mortgages upon said lands at the
time said trust deed was made were paid off and dis-
charged out of the revenue from said properties about
twelve year ago; that out of the revenue from said pro-
perties since the payment of said mortgages and for the
period of eleven years preceding the first day of January,
1905, the said trustee was only able to pay the creditors an
annual dividend of five per cent. ; that owing to the dimin-
ished production of oil from said properties the revenue
therefrom has so fallen off as to only about equal the
annual expenses leaving nothing whatever to be divided
among the creditors; that the said lands are fully devel-
oped as oil producing properties and the production of oil
cannot profitably be increased and finally the wells now
being operated will have to be closed down on the pro-
perties operated at an actual loss ; that the said properties
are still in operation and will sell to better advantage if

1906.

LONDON AND WESTERN TRUSTS CO. Chap. 131 877

sold as going concerns than if they are once closed down ;
and that there is doubt whether under the provisions
of said trust deed the said lands together with the oil well
plant and material thereon can be sold by the petitioners ;
and whereas the said petitioners have by their petition
prayed that an act may be passed enabling them to sell
the said lands and the oil well plant and material thereon;
and whereas it is expedient to grant the prayer of the said
petition ;

Therefore His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows : —

1. The said the London and Western Trusts Company, London and
Limited, shall have the power to sell said lands together CoeSau"non"ed
with the oil well plant, and material thereon, in such par- certain
eels, and in such manner, and on such terms, as it may
deem best and to confer on any purchaser or purchasers
thereof, or of any part thereof, a good title to the same in
fee simple.

2. The proceeds arising from the sale of the said lands A^^lir>^ of
together with the oil well plant and material thereon, after sale,
payment of the expenses connected with the passing of
this Act and the carrying out of the provisions thereof and
any other claims properly chargeable against said trust,
shall be distributed, in the first place, by payment of the
claims of the creditors of said Edwin D. Kerby entitled to
share therein, and after payment of such creditors' claims,
the balance, if any, shall be distributed among the heirs-
at-law and next of kin of the said Edwin D. Kerby in
accordance with the provisions of The Devolution of g^vf1 "
Estates Act.

SCHEDULE "A."

This Indenture made in duplicate the thirteenth day of August,
A. D. 1888, between Edwin D. Kerby, of the Town of Petrolia,
in the County of Lambton, Oil Operator, of the First Part.
F. Ward, of the Village of Wyoming, in the said County of
Lambton, Oil Operator, Trustee, of the Second Part, and the
several persons, firms and corporations, who are creditors of
the said Edwin D. Kerby, of the Third Part.

Whereas the said party of the first part is unable to pay his
liabilities in full, and has proposed to execute an assignment of
his estate hereinafter mentioned unto the party of the second
part upon trusts for the benefit of his creditors in the manner here-
inafter expressed ;

Now this indenture witnesseth, that pursuant to the premises
and in consideration of the sum of one dollar of lawful money of
Canada to the party of the first part in hand paid by the party
of the second part (the receipt whereof is hereby acknowledged) the

party

878

Chap. 131. LONDON AND WESTERN TRUSTS CO. 6 Ed\V. VII

party of the first part has granted, bargained and sold, and by
these presents doth grant, bargain and sell unto the party of the
second part, his heirs, executors, administrators and assigns (ac-
cording to the respective natures thereof) ;

All and singular the following lands and premises, that is to
say : The east half of the east half of lot eight in the twelfth
concession of the Township of Enniskillen, in the County of Lamb-
ton, and the following subdivision lots in Williams, Anthony and
Bush subdivision of township lot 18 in the first concession of the
Township of Enniskillen in the said county, that is to say : Lots
one to eleven, both inclusive, in range fourteen, lots fourteen to
seventeen, both inclusive, in range fourteen, lots one to five, both
inclusive, in range thirteen, lots one to seven, both inclusive, in
range twelve, lots one to thirteen, both inclusive, in range nine,
all in the subdivision of said lot eighteen, and lots one to twelve,
both inclusive, in block "B" in Canada Oil Company's plot in
survey of Williams, Anthony and Bush, of said lot eighteen ; also
a half interest in lots twenty-one to twenty-four, both inclusive,
in range ten, of the subdivision of lot seventeen, second concession.
Township of Enniskillen; also lots 28, 29, 30, 31, 32 and 34, in
range one, in subdivision of lot seventeen, second concession of
Enniskillen ;

And also, all and singular, all other lands and premises that
the party of the first part may be entitled to or interested in in
the Province of Ontario ;

And also, all and singular, all engines, pumps, derricks, casing,
piping, machinery, tools and plant of every nature and kind now
lying in and upon the said hereinbefore described premises, or any
part thereof, and used in the working of the oil wells thereon, or
owned by the party of the first part and situate elsewhere ;

And also all crude petroleum owned by the said party of the
first part and also all books of account and debts of every nature
and kind belonging to or owing to the said party of the first part,
together with all vouchers touching the same or any part thereof;

To have, hold, receive and take the said lands, chattels, moneys,
credits, and all and singular other the premises hereinbefore
granted and assigned or intended so to be unto the said party of
the second part, his heirs, executors, administrators and assigns,
forever upon the trusts nevertheless and to and for the intents
and purposes hereinafter declared and expressed of and concern-
ing the same ;

And the said party of the first part hereby nominates and
appoints the party of the second part trustee as aforesaid his
true and lawful attorney, in the name of the party of the first
part or otherwise to do, perform and execute, take and prosecute
all such acts, matters and things, suits, action and proceedings,
as the said attorney shall think fit for the purposes of the trusts
hereinafter declared, and in and about the execution thereof the
said party of the first part hereby ratifying and confirming and
agreeing to ratify and confirm all and whatsoever the said attorney
shall lawfully do or cause to be done in the premises by virtue
hereof ;

And it is hereby further agreed that the trustee shall forthwith
collect and get in all sums of money due and owing to the party
of the first part for the purpose of enabling the said trustee to
carry on the business of oil producing as hereinafter set forth;

And it is hereby declared and agreed that the said trustee shall
and do stand possessed of the said lands, goods, chattels, personal
property, books of account, and debts due to the party of the first
part, and of the moneys collected and got in as aforesaid upon and
for the trusts, interest and purposes following, that is to say :

1906.

LONDON AND WESTERN TRUSTS CO. Cliap. 131

879

In trust, in the first place to pay all charges and expenses inci-
dent to the execution of these presents, and in and about the
conducting and carrying into effect the trusts thereof;

And in the next place to carry on the business of producing oil
on the lands in Oil Springs and Enniskillen, hereinbefore described,
and out of the sale of the products therof from time to time to
pay salaries, wages and all advances and other outgoings which
may be made by the said trustee in conducting the said business,
and out of the residue from time to time to pay to the parties who
now hold mortgages on said lands hereinbefore particularly des-
cribed, such instalments and interest as may be agreed upon by
the said trustee and the mortgagees, and to pay to the said party
of the first part an allowance of forty dollars per month until the
reconveyances or sale of the trust estate as hereinafter set forth,
if the said party of the first part shall so long live, and from
time to time after making the payment hereinbefore set forth,
to pay and divide the then residue unto and among all and every
the creditors of the said party of the first part, other than said
mortgagees according ti the amount of their respective claims,
rateably and share and share alike, and without any preference
or priority whatsoever ;

And lastly, when all the debts of the said party of the first part
including said mortgages are paid in full with interest to re-
convey the said lands and premises, and such of the said machinery
and plant as may then be on hand and used in connection with the
said business or such as may have been purchased to replace plant
and machinery worn out to the said party of the first part,
heirs, executors, administrators or assigns, according to the res-
pective natures thereof, subject nevertheless to the provisions
hereinafter contained for sale of the said trust estate ;

And it is hereby further agreed and declared that if in the
opinion of the trustee and a majority of the advisory committee
hereinafter named, it shall at any time or times be necessary to
sink one or more wells on the said lands for the purpose of keeping
up the production of oil, it shall be lawful and they are hereby
authorized to do so, and to pay the costs thereof out of the trusts
funds, and the said party of the first part hereby covenants with
the said party of the second part, for the further assurance of the
lands hereby intended to be conveyed and assigned ;

And it is hereby further declared and agreed that Charles Mac-
kenzie, Benjamin S. VanTuyl and Stephen Francis Griffiths shall be
a committee to direct the said party of the second part in all mat-
ters pertaining to the said estate, and the direction of a majority
of the said committee shall in all matters pertaining to the said
estate be complied w'th by the said trustee, and it is hereby further
declared and agreed that if at any time before all the said lia-
bilities of the said party of the first part (including the said
mortgage indebtedness) are paid in full it shall be found that the
wells on said premises do not produce sufficient oil to pay the
instalments and interest on said mortgage, as they become due
the said allowance to the said party of the first part, and the
working expenses, it shall be lawful and the said trustee is hereby
authorized to sell all of the said trust estate hereby granted and
to stand possessed of the moneys arising from such sale upon trust,
first to pay the balance of the said mortgages, and the residue
if any to pay to the parties of the third part, according to the
amount of their respective claims rateably and share and .share
alike, and without preference or priority whatsoever;

Provided always, and it is hereby further declared and agreed
that the parties of the third part do agree to accept these presents
in full satisfaction of their respective claims upon and against the
said party of the first part, and do hereby respectively release

him

880

Chap. 131. LONDON AND WESTERN TRUSTS CO. 6 Ed\V. VII

him forever of and from the same and every part thereof and of
and from all actions, suits, claims and demands in respect thereof,
reserving, however, all and any securities that the said parties
of the third part or any of them may hold for their claims ;

Provided also that nothing herein contained shall be construed
to make the said trustee responsible other than as trustee as
herein provided for the payment of the debts and liabilities of the
said party of the first part ;

Provided also that the said books of account shall at all times
be open to the examination of any or either of the parties of the
third part or their or either of their solicitors or representatives ;

Provided also that the said trustee shall exhibit a statement
of his dealings with and of all his receipts and expenditures in
relation to the said estate hereby assigned, to the said committee
at the end of every three months from the date hereof;

Provided further that this deed shall be ineffectual unless and
until an arrangement shall be made for extending the time for
payment of the said mortgages and unless and until the same shall
be executed by all the creditors of the said party of the first part
other than the said mortgagees ;

And it is agreed that the said committee or a majority thereof
shall settle the remuneration to be paid to the said trustee for
his services under these presents.

In witness whereof the parties to these presents have hereunto
set their hands and seals the day and year above written.

(Sgd1). Edwin D. Kerby. (L.S.)
(Sgd.) Frank Ward. (L.S.)
(Sgd). J. H. Fairbank. (L.S.)
and forty-six other creditors.

Signed, sealed and delivered
in presence of

(Sgd.) John Read.
(Sgd.) J/mes McMillan.
(Sgd.) John Read
(Sgd.) B. S. VanTutl.

CHAPTER

1906.

ONTARIO AND MINX. POWEK CO.

Chap. 132

881

CHAPTEK 132.

An Act respecting" " The Ontario and Minnesota
Power Company, Limited."

HEREAS Chapter 139 of the Statutes of Canada of Preamble.

I » 1905 was passed on the petition of The Ontario and
Minnesota Power Company, Limited; and whereas certain
provisions thereof as to the supply of power in Canada from
the water power on the Rainy River at or near the Town of
Fort Frances are in the interest of the Province of Ontario ;
and whereas notwithstanding the provisions in the said
Statute contained, it is contended that the company are
not bound thereby, but are entitled to deal with the said
water power freed from the restrictions in respect thereof
imposed by the said Act; and whereas the lands described
in Schedule "A" hereto form a part of the water front of
the Town of Fort Frances, and were hitherto vested in the
corporation thereof, and were by them conveyed to the
Crown in the interest of the Province of Ontario to enable
the Crown to deal therewith as the needs of the vicinity
might require in assisting the establishment and opera-
tion of such industries at the said Town of Fort Frances,
requiring the use of power as would be for the public
benefit, and whereas by a certain agreement dated the
9th day of January, 1905, made between His Majesty of the
first part and Edward Wellington Backus, of the City of
Minneapolis, lumberman, and those associated with him,
of the second part, acting on behalf of a company then to be
incorporated, the Crown representing the Province of On-
tario agreed in certain events and subject to certain condi-
tions to convey the said lands to the said parties of the second
part, but no provision was made for the protection of the
interests of the said Town of Fort Frances in respect of the
purposes for which the said town conveyed the lands to
the Crown; and whereas it is claimed the said agreement
was entered into without the consent of the Corporation of
the Town of Fort Frances and without any notice to them
although the same interferes most seriously with the rights
56 S. of

Assented to 14th May, 1906.

882

Chap. 132. Ontario and minn. power co. 6 Edw. VII

of the said town ; and whereas The Ontario and Minnesota
Powetr Company, Limited, have been incorporated and
have taken over the rights of the said parties of the second
part to the said agreement; and whereas it is desirable
to make certain provisions as to some of the matters con-
tained in the said Chapter 139 of the Statutes of Canada of
1905, and to restore the said lands to the Ciown to be dealt
with as hereinafter provided, and to embody in this Act
certain provisions already agreed upon relating to the de-
velopment of industries at the Town of Fort Frances afore-
said ; and whereas the said Company is desirous of securing
an extension of the time fixed by said agreement for the
full and final completion of the works therein referred to.

Therefore His Majesty, by and with the dOvice and con-
sent of the Legislative Assembly of the Province of Ontario,
enacts as follows : —

provFde power 1- Notwithstanding the provisions to the contrary (if any)
on Canadian contained in the said agreement dated the 9th day of Janu-

~siq6 of nvsr

ary, 1905, made between His Majesty of the first part and
the said Edward Wellington Backus and those associated
with him of the second part, the company shall from the
water power now or hereafter existing on the Rainy River
at or near the Town of Fort Frances, in the District of
Rainy River, including any increase thereof from time to
time, provide power or electrical energy for use on the
Canadian side of the international boundary line concur-
rently as it provides power or electrical energy for use in
the United States, so that from time to time, except as
provided for by order of the Lieutenant-Governor in Council,
there shall not be less of the said power or electrical energy
available for use on the Canadian side of the international
boundary line than on the American side, and subject to the
provisions of this Act such power or electrical energy shall
be delivered on the Canadian side as and when demanded.

works to be on o. The power-house, generators, transmitters, machinery,

L'H.nftQIfl,n S1Q6- . p ] i l 1 * l

appliances and connections necessary tor tne delivery by
the company of such power or electrical energy for use
on the Canadian side of the international boundary line
shall be on the Canadian side thereof.

1)riceUfora3t° ^. In case of any dispute as to the price for power or
power, how electrical energy in use or to be provided for use upon the
determined. Qana(jian s[^e 0f the said international boundary line or the
methods of distribution thereof or the time within which
or the conditions on which the same shall be furnished
for use, such dispute shall be settled by the Lieutenant-
Governor in Council on the application of any applicant
for power or of the company or of the Town of Fort Frances.

56a s.

1906.

ONTARIO AND MINN. POWER CO.

Chap. 132

883

4. No part of the power or electrical energy to be pro- ^^^j1^
vided for use on the Canadian side of the said boundary American side,
line shall be diverted to or used in the United States with-
out the order of the Lieutenant-Governor in Council made

on an application of which two weeks' notice in writing
shall have been served upon the major and clerk of the
Town of Fort Frances, or in the absence of either one of
them upon a member of the Town Council in his stead, and
if on any such application it shall appear to the Lieuten-
ant-Governor in Council that there is not a reasonable pros-
pect of the utilization within a reasonable time of power
or electrical energy, unemployed, though actually avail-
able for use on the Canadian side, an order may be made
permitting the diversion of the whole or part of such un-
employed power or electrical energy on such terms and con-
ditions, including the time during which such diversion
may continue, as to the Lieutenant-Governor in Council
may seem proper or expedient. The terms and conditions
so imposed shall be absolutely binding on and enforceable
against said company, and in event of the company not
strictly adhering to and complying with the said terms and
conditions the permission granted may be withdrawn by the
Lieutenant-Governor in Council.

5. The lands described in Schedule "A" hereto shall re- certain lands
main vested in the Crown, to be dealt with in connection veatedY"
with the development of the said water power and the estab- Crown-
lishment or operation of such industries at the Town of

Fort Frances requiring the use of power as would be for
the public benefit in such manner as the Lieutenant-Gov-
ernor in Council may from time to time direct, absolutely
freed from the provisions of the said agreement and from
any claims or demands whatsoever on the part of The
Ontario and Minnesota Power Company, Limited.

6. In the event of the said Company expending between c°e™tpg"^rto
the date of the passing of this Act and the ±st day of Jan- mm, etc.
uary, 1907, the sum of at least f40,000 in the construction

of the works mentioned in said agreement of 9th January,
1905, the lime fixed for full and final completion of said
works shall be extended to the 1st day of January, 1908,
and the said agreement shall be read as if the words "first
day of January, 1908" appeared therein instead of "first
day of January, 1907" wherever the latter words are used
or referred to in said agreement.

SCHEDULE "A."
All and singular that certain parcel or tract of land described as follows:

Commencing in the east limit of the town plot of Alberton at the dis-
tance of one chain due south of an iron post planted at the south-east
angle of Lot No. 164, thence westerly in a straight line to a point in the
west limit produced of Butlei Street : said point being one chain due

south

884

Chap. 132.

ONTARIO AND MINN. POWER CO. 6 EdW. VII

south from an iron poet planted at the south-east angle of Lot No. 161 ;
thence westerly in a straight line to a point in the easterly limit produced
of Mosher Street, distant, one chain to south of the south-west angle of
Lot No. 155 ; thence westerly to a point in the easterly limit, produced
of Crowe Street, being one chain due south of the south-westerly angle of
Lot No. 147 ; thence south-westerly to a Point in the easterly limit, pro-
duced of Arroit Street, said point being one chain due south of the south-
west angle of Lot No. 66 ; thence south-westerly to a point due south one
chain from the south-westerly angle of Lot No. 64 ; thence westerly to a
point one chain due south of the south-west angle of Lot No. 14 ; thence
westerly to a point in the east limit of Victoria Street produced, situate
one chain south of the south-west angle of Lot No. 16 ; thence due south
to the waters edge of the Rainy River ; thence north-easterly and east-
erly along the waters edge of the sa;d Rainy River to its intersection with
the easterly limit of the Town plot of Alberton ; thence due north along
said limit to the point of commencement, reserving thereout the produc-
tion of Armit Street and Mosher Street to the waters edge of Rainy River.

CHAPTER

1906.

ONT. AM) SASKATCHEWAN LAND CORPN. Chap. 133

885

CHAPTER 133.

An Act respecting" the Ontario and Saskatchewan
Land Corporation, Limited.

Assented to 14th May, 1906.

WHEREAS by Letters Patent under the Great Seal of Preamble,
the Province of Ontario, dated the 6th day of
April, 1903, the Ontario and Saskatchewan Land Corpor-
ation, Limited, was duly incorporated; and whereas by
its petition the said company has prayed that it may be
authorized to accept payment of the price of any of the
company's lands sold to any shareholder by the transfer
of fully paid up shares of the company to be transferred
or surrendered to the company by such shareholder; and
whereas it is expedient to grant the prayer of the said
petition ;

Therefore His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. The board of directors may in their option accept Directors
payment of the price of any of the company's lands, sold accept shares
1o any shareholder (not being a director or one who has }andYsoidnto°f
been a director of the said company at any time during shareholders,
twelve months prior to such sale) by the transfer of shares

of the company to be transferred or surrendered to the
company by such shareholder; provided that in no case
shall an amount exceeding the par or nominal value of
any share be transferred in land to any shareholder in
respect of such share ; and provided that no contract
between the company and the shareholder for the sale of
land to such shareholder shall be entered into or shall be
binding upon such shareholder unless and until the shares
of such shareholder shall first have been fully paid up.

2. The certificate for every share, which shall, under Certificate to
the provisions of this Act, be transferred to the company to company

.' and cancelled.

886

Chap. 133. ONT. AND SASKATCHEWAN LAND CORPN. 6 EDW VII

Reduction of
capital on
cancellation
of shares.

Directors to
pass by-law
declaring
number and
par value of
Bhares trans-
ferred or
cancelled.

in payment of the price of land or in exchange for land,
shall be delivered to the company and shall forthwith be
cancelled, and the name of the holder thereof and the
denoting number of shares shall be expunged from the
register of shareholders; and no holder of such shares
shall thereafter have in respect thereof any right or inter-
est in the company or in any of the lands or other property
thereof, or be entitled to receive any interest or dividend
or capital for or in respect of such shares.

3. The capital of the company shall from time to time
be and be deemed to be reduced by the nominal value of
the shares cancelled in accordance with the provisions of
this Act, and the auditors of the company shall, in the
certificates applicable to each yearly account and balance
sheet of the company's affairs, state and certify the total
nominal amount of the shares so cancelled during the year
to which such account and balance sheet are applicable
and the amount remaining uncancelled.

4. Shares transferred or surrendered to the company as
authorized by section 1 shall be cancelled and for that
purpose the directors of the company shall pass a by-law
declaring the number and par value of the shares so trans-
ferred or cancelled, and upon petition by the company to
the Lieutenant-Governor through the Provincial Secre-
tary, supplementary letters patent may be issued confirm-
ing the said by-law and notice thereof shall be forthwith
given by the Provincial Secretary in The Ontario Gazette,
and thereupon, from the date of the said supplementary
letters patent, the capital stock of the. company shall be
and remain decreased to or by the amount set forth in such
by-law and supplementary letters patent.

CHAPTER

1906. PORT ARTHUR BLAST FURNACE. Chap. 134

CHAPTEE 134.

An Act respecting the Port Arthur Blast Furnace
for Iron Ore and the Coal and Ore Dock at Port
Arthur.

HEEEAS by The Port Arthur Act, 1905, among other Preamble

T? things a by-law of the Municipal Corporation of the
Town of Port Arthur, intituled "By-law respecting certain
aid or bonus to the Atikokan Iron Company, Limited, and
to authorize in connection therewith certain agreements
with that company and with the Canadian Northern Coal
and Ore Dock Company, Limited, and Mackenzie, Mann &
Company, Limited," and set forth in Schedule "A" to said
Act, was confirmed and the said corporation was thereby
authorized to enter into and carry out the agreements with
the said companies set forth in the said schedule ; and
whereas the parties found it necessary owing to the want of
proper foundations for the works to be erected, as in the
said agreements mentioned, to alter the sites proposed
therefor, and to provide the new sites mentioned in the
agreement set out in Schedule No. 1 to this Act ; and where-
as the agreements se\ out in Schedules Nos. 1 and 2 hereto
Lave been made between the parties in substitution for the
agreement secondly set out in Schedule "A" to The Port
Arthur Act, 1905, and the new sites for said works therein
mentioned have been provided, and the works upon such
new sites are now being constructed; and whereas the Ati-
kokan Iron Company, Limited, the Canadian Northern Coal
and Ore Dock Company, Limited, Mackenzie, Mann &
Company, Limited, and the Municipal Corporation of the
Town of Port Arthur have by their petitions prayed that
an Act may be passed substituting the said new sites for
said other sites and confirming said agreements ; and where-
as it is expedient to grant the prayers of said petitioners;

Therefore His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of Ontario,
enacts as follows :

Assented to 14th May, 1906.

888

Chap. 134.

PORT AHTHfE BLAST FURNACE. 6 EDVV. VII

schedule substl- Tne respective sites for the respective works of the
tuted tor^ sites Atikokan Iron Company, Limited, and the Canadian North-
agreements set ern Coal and Ore Dock Company, Limited, mentioned in the
1905. in Act °f agreement firstly set out in Schedule No. 1 to this Act are
hereby respectively substituted for the respective sites for
said respective works mentioned in the agreements con-
tained in Schedule "A" to The Port Arthur Act, 1905, as if
the said sites so hereby substituted had been mentioned in
said agreements instead of the sites actually mentioned
therein, and the said by-law shall apply to said substituted
sites, and is hereby declared to have been and to be legal,
valid and binding upon the Municipal Corporation of the
Town of Port Arthur and the ratepayers of said town as if
the agreements therein referred to had mentioned said sub-
stituted sites instead of the sites actually mentioned
therein.

Arguments set 2. The agreements set out in Schedules Nos. 1 and 2 to
confirmed6 " 6 this Act are hereby confirmed and are declared to have
been and to be valid and binding in all respects upon the
parties thereto, and upon all other parties interested therein
notwithstanding anything to the contrary in The Consoli-
dated Municipal Act, J903, or any other Act contained.

Title of Act. 3. This Act may be cited as "The Atikokan Iron Com-
pany Act, 1906."

SCHEDULE No. 1.

Agreement made the thirtieth day of December, A.D. 1905. between
the corporation of the Town of Port. Arthur, hereinafter called
the Town, of the first part; the Atikokan Iron Company,
Limited, hereinafter called the Iron Company, of the second
part ; and the Canadian Northern Coal and Ore Dock Com-
pany, Limited, hereinafter called the Dock Company, of the
third part.

Whereas it would be greatly in the interests of the town that
blast furnace works for iron ore, including coke ovens and roast-
ing plant, should be established within the limits of the town, also
that a coal and ore dock should be established at some convenient
place on the water front of the town, or having access thereto;

Therefore, the parties hereto agree as follows :

1. Within three months after the Town has subscribed for if 200, 000
of bonds of the Iron Company, as hereinafter mentioned, and has,
also, paid to Mackenzie, Mann and Company, Lipiited, the sum
of $25,000 on account of the consideration for the site for its works,
hereinafter referred to, the Iron Company will commence and will
thereafter with all reasonable dispatch continue the construction
upon such site of blast furnace works, including coke ovens and
roasting plant, having a minimum capacity of producing 100 tons
of pig iron per day of twenty-four hours, and will complete the
same ready for operation within one year from the date of com-
mencement, and will thereafter reasonably and prudently operate
the same, regard being had to the business situation and circum-
stances from time to time.

1906.

l'ORT ARTHUR BLAST FURNACE.

Chap. 134

2. The Dock Company will, within three months, commence and
will thereafter with all reasonable dispatch continue the construc-
tion of a coal and ore dock at some convenient place on the water
lots in front of Ledyard's or O'Brien's addition to the Town of
Port Arthur, having a minimum storage capacity of 200,000 tons
of coal and 100,000 tons of ore, and will complete the same ready
for handling coal and ore within the said period of one year.

3. For purposes of this agreement the ton of ore shall be 2,240
pounds, and the ton of coal shall be 2,000 pounds.

4. The Iron Company shall authorize and make its bond issue
to the extent of $2,000,000 secured by mortgage to National Trust
Company, Limited, as trustee, covering its properties and under-
takings present and future, including the said site of the works
and the following mining properties in fee simple, viz. : Those
certain parcels or tracts of land and premises situate lying and
being mining locations numbered 10E (containing seventy-nine
acres); HE (containing eighty acres); and 12E (containing fifty-
one acres), and situated on the Atikokan River in the District of
Rainy River, as shown on plan of survey dated July 3rd, 1886,
by Provincial Land Surveyor H. de Q. Sewell, of record in the
Department of Crown Lands. Such bonds to be payable in twenty
years with interest thereon at the rate of 6 per cent, per annum,
payable half-yearly. Bonds to the extent of $300,000, and no
more, shall be used for the purchase of the said mining proper-
ties.

5. "Without delay, after such bond issue has been authorized and
made, the Town will subscribe for and agree to purchase from the
company at par and accrued interest $200,000 of said bonds, the
price therefor to be payable from time to time as called for by the
board of directors of the Iron Company, but such calls sh -=< 1 1 not
exceed ten per cent per month ; this agreement to subscribe for
bonds is conditional upon $400,000 of said bonds being subscribed
for on similar terms by Mackenzie, Mann & Company, Limited,
and $100,000 of said bonds being subscribed for on similar terms
by J. C. Hunter, of Duluth ; J. W. DeCourcy O'Grady, of Chi-
cago; and A. Stamford White, of Chicago. As part of the said
subscription agreements for said bonds by the Town and the other
parties mentioned, it shall be provided that until the said blast
furnace works, coke ovens and roasting plant have been completed,
and have been in operation for one year or such earlier date, as
may be determined by a committee consisting of said J. C. Hun-
ter, the said O'Grady and Hugh Sutherland, of Winnipeg, the
bonds so subscribed for, namely, $700,000, also the said $300,000
of bonds, making $1,000,000 in all, shall be pooled by being depos-
ited with said Trust Company and held under control of th° said
committee not to be sold except through the committee, and at
such price as the committee may from time to time unanimously
authorize. All sales of said bonds so authorized shall be made
for the equal and rateable benefit of the respective owners in the
following proportions:

The owners of the said $300,000, 3/10ths.

The owners of the $400,000 to be subscribed bv Mackenzie, Mann
& Co., Limited, 4/10ths.

The owners of the $100,000 to be subscribed by Hunter et al,
1 /10th.

The Town of Port Arthur 2/10ths.

Provided, always, that the price fixed by the committee from
time to time shall be notified to the Town, and, within ten days
thereafter, the Town may notify the Trust Company that it elects
to retain its said bonds in the pool unsold, and, after such notice,
the sales made out of the pool shall be made from the bonds of the
other owner*.

890

Chap. 134.

PORT ARTHUR BLAST FURNACE.

6 Edw. VII

6. On the expiry of the time limited for the pool any bonds
remaining therein shall bo returned to the owners thereof. The
owners of bonds in the pool may pledge the same to secure advances,
but such pledge shall be subject to the above terms governing the
pool.

7. The remaining $1,000,000 of bonds of the issue above referred
to shall be used for the lawful purposes of the company only, and
shall not be issued without the authority of the directors of the
Iron Company, approved by resolution of the shareholders at an
annual meeting, or at a speoial meeting called for the purpose.

8. So long as the Town continues to be the owner of said $200,000
of bonds, or any part thereof, an auditor, approved of by the Town,
shall be appointed and paid by the Iron Company to audit its
books and accounts, and, from time to time, as the office of such
auditor becomes vacant, a successor shall be similarly appointed
and paid, and, so long as the Town remains owner of said bonds,
or any of them as aforesaid, the auditor shall furnish to the Town
such accounts and statements of the company's receipts, expen-
ditures and operations as the Town may, from time to time,
require. Provided, always, that the Company may, at any time,
subject as hereinafter provided, require the Town to sell and deliver
to it, or to whom it may appoint, the said $200,000 of bonds, or
so many thereof as the Town may be the owner of, the price there-
for to be par and accrued interest payable in cash. The Town
shall have thirty days after being so required to complete the sale
and delivery of such bonds, or it may, within such thirty days,
notify the Company that it elects to retain such bonds, and, ip
either case, this provision with respect to the appointment of said
auditor, and accounts and statements by him shall cease to have
effect at the end of said thirty days.

9. The Town agrees to raise the sum of twenty-five thousand dol-
lars, and to pay the same to Mackenzie, Mann and Company, Lim-
ited, on account of the consideration for the site for the Iron Com-
pany's works, being not less than fprty acres of land, or land
covered by water, being part of the water lots in front of Led-
yard's addition to the Town of Port Arthur, having a frontal of
600 feet on the eastern limits of the said water lots, and extend-
ing back, preserving the same width, 2,904 feet, more or less. The
conveyance of said land is to be made direct to the Iron Company,
which is to satisfy itself as to the title thereto, the Town assum-
ing no responsibility with respect to such title. Said acquisition
and conveyance of said land to be completed without delay.

10. The real and personal property and business of the Iron Com-
pany, and of the Dock Company, in the Town of Port Arthur, now
or hereafter acquired, and all additions and improvements thereto
so far as the same are respectively included in and situated and
carried on upon the Dock property, and the said forty acres' site
of the Iron Company's works, respectively, are hereby exempted
from assessment and taxation for all purposes, except as to taxes
for school purposes and local improvements, for a period of twenty
years, from the 27th day of March, 1905, and the assessment of
said property and business of said companies for school taxes shall
not in any year during said period exceed in all the sum of
$200,000. including assessment upon real property, business assess-
ment or other assessment to which the said companies may be
liable, and the proportion of the said assessment for school taxes
to be borne by each of the said companies shall be determined,
from time to time, by agreement between the said companies, or,
in default of such agreement, the same shall be adjusted and deter-
mined by by-law of the council of the Town.

11. The Iron Company and the Dock Company argee to open and
maintain general offices within the limits of the Town.

Chap. 134 PORT ARTHUR BLAST FURNACE. 6 EDW. VII 891

In witness whereof the parties hereto have executed this agree-
ment.

Signed, sealed and delivered
in the presence of.

Richard Vigaes,

Geo. F. Macdonnell. Mayor.

(Seal of Corpn. of P. A.)

The Atikokan Iron Company, Limited,

(Seal A. I. Co., Ltd.)

J. C. Hunter,

Vice-President.
G. de Courct 0' Grady,

Secretary.

The Canadian Northern Coal and Ore Dock
Company, Limited,
(Seal C.N.C. & O.D. Co., Ltd.)

Hugh Sutherland,

President.

L. W. Mitchell,

Secretary.

SCHEDULE No. 2.

An Agreement made the thirtieth day of December, A.D. 1905,
between the Atikokan Iron Company, Limited, hereinafter
called the Iron Company, of the first part; Mackenzie, Mann
& Company, Limited, hereinafter called Mackenzie-Mann, of
the second part; J. C. Hunter, of Duluth ; J. W. DeCourcy
O'Grady, of Chicago; and A. Stamford White, of Chicago, of
the third part; the corporation of the Town of Port Arthur,
hereinafter called the Town, of the fourth part; National
Trust Company, Limited, of Toronto, hereinafter called the
Trustee, of the fifth part.

Whereas the Iron Company has made a bond issue to the extent
of $2,000,000 secured by mortgage to the Trustee covering its pro-
perties and undertakings, present and future, such bonds to be
payable in twenty years with interest at the rate of 6 per cent,
per annum, payable half-yearly, and the parties have agreed with
respect thereto as follows :
Witnesseth :

1. The said $2,000,000 of bonds shall be executed by the Iron
Company and delivered to the Trustee from time to time in such
amounts as the Iron Company may find convenient, but shall he
certified and issued by the Trustee only in accordance with the fol-
lowing conditions :

(a) Bonds to the extent of $300,000, and no more, shall be cer-
tified by the trustee to be used for the purchase in fee simple,
unencumbered, of the three mining locations described in schedule
"A" hereto;

(*)

892

1906.

POET ARTHUR BLAST FURNACE.

Chap. 134

(b) Bonds to the extent of $700,000 shall be certified by the Trus-
tee from time to time as may be required to carry out the sales
thereof made to the following, viz. :

To the Town $200,000

To Mackenzie-Mann 400,000

To J. C. Hunter, J. W. DeCourcy
O' Grady and A. Stamford White,

jointly 100,000

(c) The remaining $1,000,000 of bonds of the $2,000,000 above
referred to shall be used for the lawful purposes of the company
only, and shall not be issued without the authority of the directors
of the Iron Company, approved by resolution of the shareholders
at an annual meeting, or at a special meeting called for the pur-
pose. Provided,' always, that the Trustee shall not be bound to
see to the application or use by the company, or its nominees, of
any bonds certified by the Trustee, or of the proceeds thereof.

2. Until the blast furnace works, coke ovens and roasting plant
to be constructed by the company at Port Arthur, have been com-
pleted and in operation for one year, or such earlier date as may
be determined by a committee consisting of J. C. Hunter, J. W.
DeCourcy O'Gnady and Hugh Sutherland, the said $1,000,000 of
bonds referred to in paragraphs (a) and (6) of clause (1) hereof,
and each of them, when certified by the Trustee under the provi-
sions of the said paragraphs, shall be retained by and pooled with
the Trustee, and held under the control af said committee, not to
be sold, except through the committee, and at such price as the
committee may, from time to time, unanimously authorize. All
sales of the said bonds so authorized shall be made for the equal
and rateable benefit of the respective owners in the following pro-
portions :

The owners of the said $300,000 3/10ths.

The owners of the $400,000 subscribed for by

Mackenzie-Mann 4/10ths.

The owners of the $100,000 subscribed for by

J. C. Hunter et al l/10th.

The Town 2/10ths.

Provided, always, that the price fixed by the .committee, from
time to time, shall be notified to the Town, and, within ten days
thereafter, the Town may notify the Trustee that it elects to ret-' in
its said bonds in the pool unsold, and, after such notice, the sales
made out of the pool shall be made from the bonds of the other
owners.

The owners of bonds in the pool may pledge the same to secure
advances, but such pledge shall be subject to the above terms
gioverning the pool. On the expiry of. the time limited for the
pool any bonds remaining therein shall be returned to the owners
thereof.

3. Mackenzie-Mann, J. C. Hunter, J. W. DeCourcy O'Grady

and A. Stamford White and the Town hereby respectively subscribe
for and agree to purchase from the Iron Company at par and
accrued interest bonds of the said issue, as follows, viz. :

Miackenzie, Mann & Company, Limited $400,000

J. C. Hunter, J. W. DeCourcy O'Grady and

A. Stanford White, jointly 100,000

The Corporation of the Town of Port Arthur ... 200 000

Total $700,000

the price of said bonds to be payable, from time to time, as called

for

1906. PORT ARTHUR BLAST FURNACE. Chap. 134 893

for by the board of directors of the iron company, but such calls
shall not exceed ten per cent, per month.

4. Out of the $700,000 to be received from the bonds hereby
subscribed for not less than $500,000 shall be expended by the Iron
Company upon the furnace works, roasters, coke ovens and other
plant and buildings to be erected upon the site in Port Arthur of
the Iron Company's works.

In witness whereof the said parties hereto have executed this
agreement.

Signed, sealed and delivered
in the presence of

Mackenzie, Mann & Co., Limited,

(Seal M., M. & Co., Ltd.)

Geo. F. Macdonnelj..

Wm. Mackenzie,

President.

R. P. Ormsbt,

Secretary.

Richard Vigars,

Mayor.
(Seal of Corpn. of P. A.)

J. C. Hunter,

(Seal.)

A. Stamford White.

(Seal.)

J. W. DeCourcy O' Grady,

(Seal.)

The Atikokan Iron Company, Limited,

(Seal A. I. Co., Ltd.)

J. C. Hunter,

Vice-President.
G. DeCourcy O'Grady,

Secretary.

National Trust Company, Limited.

(Seal N. T. Co., Ltd.)
Z. A. Lash,
Vice-President.

W. T. White,

General Manager.

Schedule "A".

Referred to in the hereto annexed agreement between the Atiko-
kan Iron Company, Limited, of the first part; Mackenzie,
Mann and Company, Limited, of the second part; J. C. Hun-
ter, J. W. DeC. O'Grady and A. Stamford White, of the third
part : the Corporntion of the Town of Port Arthur, of the
fourth part ; and National Trust Company, Limited, of the
fifth part, dated the thirtieth day of December, A.D. 1905.

Those certain parcels or tracts of land and premises situate,
iying and being mining locations numbered 10E (containing
seventy-nine acres), HE (containing eighty acres), and 12E (con-
taining fifty-»ne acres), and situated on the Atikokan River, ,in
the District of Rainy River, as shown on plan of survey, dated
July 3rd, 1886, by Provincial Land Surveyor H. deQ. Sewell, on
record in the Department of Crown Lands.

CHAPTEE

894

Chap. 135. provincial long distance tel. co. 6 Edw. VII

CHAPTER 135.

An Act to Incorporate The Provincial
Long- Distance Telephone Company.

Assented to 14th May, 1006.

preamble. "WHEREAS Hillyard Scott Milne, of the Township of
*T Scarboro', in the County of York, Miller; Albert
Christian Reesor, of the Township of Markham, in the Coun-
ty of York, Dairyman; Thomas Albert Young, of the Village
of Markham, in the County of York, Physician; Andrew
Ferrier Wilson, of the same place, Barrister-at-Law ; and
Charles Duff Scott, of the City of Toronto, in the County
of York, Barrister-at-Law, have, by their petition, prayed
to be incorporated under the name of "The Provincial
Long Distance Telephone Company" for the purpose of
carrying on a telephone company with the powers here-
inafter set forth ; and whereas it is expedient to grant the
prayer of the said petition ;

Therefore His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows : —

incorporation. \ The said Hillyard Scott Milne, Albert Christian
Ressor, Thomas Albert Young, Andrew Ferrier Wilson
and Charles Duff Scott and such other persons, firms and
corporations as shall hereafter become shareholders in the
said company are hereby constituted a body corporate and
politic under the name of "The Provincial Long Distance
Telephone Company."

Powers of Cor-
poration.

Construction
of lines.

Co-operation
with other
companies aa to
long distance
business

2. The said company is hereby authorized and empow-
ered to —

(a) Construct, build, own, purchase, lease, extend and

maintain a line or lines for and to manage, con-
duct and carry on a long distance telephone
business and service;

(b) Co-operate in giving and conducting such long dis-

tance telephone business and service with and
interchange and transmit telephonic messages

and

1906.

PROVINCIAL LONG DISTANCE TEL. CO.

Chap. 135

895

and communications with and between any per-
son, municipality or company operating a tele-
phone business upon such terms and conditions
as may be agreed upon.

wise dispose of and deal in telephone and elec- Me-
trical instruments, apparatus, plant and equip-
ment, and all materials and supplies used by
or in connection with a telephone business.

(d) As contractors and subject to the consent of the tele;

v/ , 7 , • ni phone systems.

municipality to construct, equip, sell, lease or
otherwise dispose of local telephone systems and
exchanges in any municipality or municipalities
in the Province of Ontario.

(e) Generally and subject to the provisions of this Government"'

Act to enter into contracts with the Government Municipalities,
of the Province of Ontario, and with any muni-
cipality, corporation or individual, in respect of
the construction, acquisition or operation of any
telephone lines or systems in the Province of
Ontario, and for the carrying out of the purposes
of the company.

3. With the consent of the council of any municipality o^™" hfgh"
to be expressed by by-law, and under and subject to such ways in

j j • i • i j t_ i j t_ municipalities.

terms and conditions as may be agreed upon between the
company and such council, or in case the council of the
municipality shall neglect or refuse to give such consent,
or in case the terms and conditions imposed by the council
are not accepted by the company, then with the consent of
the Ontario Railway and Municipal Board and upon such
terms and conditions as the Board may impose upon the
municipality and the company, after hearing the municipal
corporation, the company, (and any other company or indi-
vidual affected, in case such municipality has heretofore
entered into an agreement with such other company or in-
dividual by which the exclusive right to carry on a tele-
phone business has been granted to such company or
individual), the company may place, erect, maintain and
operate in, along, upon, over, across or under any public
highway, street, lane, bridge, watercourse or other public
communication in such municipality, poles, ducts, wires and
other necessary plant for the purpose of carrying on its
telephone business, notwithstanding the terms of any agree-
ment heretofore entered into between the corporation of
such municipality and any company or individual under 3 Edw. vn.,
the provisions of section 331 of The Consolidated Municipal c"19"
Act, 1903, and any amendments thereto;

Provided, however, that unless and until the company proviso,
has obtained the consent by by-law of, and entered into an

agreement

896

Chap. 135. provincial long distance tel. co. 6 Edw. YII

agreement with the corporation of a municipality the com-
pany shall not construct or operate a local telephone system
and business or construct more than one conduit or pole
line or operate more than one telephone exchange or office
in connection with its long distance business in such muni-
cipality, and

Proviso. Provided that in case any other company or any indivi-

dual is carrying on a telephone business in such munici-
pality under an agreement heretofore entered into with the
corporation thereof by which the exclusive right to carry
on such business has been granted to such company or indi-
vidual the company hereby incorporated shall only carry
on a long distance service and shall not carry on a local
telephone system and business in the municipality during

Proviso. the continuation of such agreement, and provided

(a) That the company shall not interfere with the pub-

lic right of travelling on or using such high-
ways, roads, streets, bridges, waters or water-
courses ;

(b) That the company shall not erect, permit, or con-

tinue any pole less than twenty-five feet high
or affix or continue any wire less than twenty-
two feet above the surface of any highway, road,
street, bridge, water, or water-courses;

tinue any wire at a distance less than three feet
from any other wire used or intended to be
used for the purpose of conveying or conducting
electricity or electrical power by any other
person or company, including a telephone com-
pany ;

(d) That all poles of the company shall be as nearly

as possible straight and perpendicular, and in
cities, towns and incorporated villages shall be
painted if so required by any by-law of a coun-
cil having jurisdiction in the premises;

(e) That all poles of the company within any town-

ship municipality shall be at least six inches
in diameter at the top of the same and within
all other municipalities shall be at least seven
inches in diameter at the top of same;

(/) That the lines, plant and works of the company shall
be constructed, maintained and operated in
such manner as shall cause the least possible
injury to, or interference with, (by induction
or otherwise) the business and operation of any
other telephone system or systems;

(g) That in cities, towns and incorporated villages the
opening of any highway, road, street or other

public

1906. PKOVINCTAL LONG DISTANCE TEL. CO. Chap. 135

public place by the company, its workmen or
servants, for the erection of poles or for carry-
ing wires underground, shall be done under the
direction and supervision of the council engin-
eer, or such other officer as the council of the
municipality in which the work is intended to
be done shall appoint for such purpose ;

(h) That the surface of the highway, road, street or
other public place shall in all cases be restored
to its former condition by and at the expense
of the company^ and

(?) That when in case of fire it shall become necessary
in the opinion of the chief engineer or other
officer of the fire brigade for the extinction
of a fire that the telephone wires should be cut,
the cutting under such circumstances shall not
entitle the company to demand or claim com-
pensation for damages that may be so incurred.

4. The said company shall have power and authority to purchasing
purchase or lease for any terms of years from any person other lints,
or persons, municipality, company or companies, any tele-
phone line or system or any portion or portions of any tele-
phone line or systems, established or to be established in

the Province of Ontario, and to acquire running rights
over the poles or wires of any such telephone line or sys-
tems, and to amalgamate with or sell or lease their line or
lines, or any portion or portions thereof to any person, cor-
poration, municipality or telephone company, save and ex-
cept to The Bell Telephone Company of Canada, or any com-
pan^- owned or controlled by, or any person or persons,
company or companies, for or on behalf of or otherwise
interested in or connected with The Bell Telephone Com-
pany of Canada.

5. The said company shall have power and is hereby Assisting
authorized to advance money to assist or to form, take
stock m and operate any subsidiary company or companies
incorporated for the carrying out of one or more of the
objects and purposes which the company is hereby author-
ized to carry on.

6. The capital stock of the company herebv incorpor- Capitai stock
ated shall be $2,500,000, to be divided into 'twenty-five
thousand shares of $100 each.

7. The persons named in the first section of this Act Provisional
shall be the provisional directors of the company and shall

have power and authority to open stock books and to pro-
cure subscriptions for and allot shares in the capital stock
of the company and to make calls upon subscribers.

57 s. 8

898

Chap. 135. provincial long distance tel. co. 6 Edw. VII

ofprovfeionfr 8. The provisional directors shall hold office until the
directors. fir8t general meeting of the shareholders of the company,
held after the passing of the Act, which said meeting shall
be held as soon as possible after $50,000 at least of the cap-
ital stock shall have been subscribed for; notice of such
meeting shall be given by registered letter addressed to each
shareholder.

Directors,
number of.

9. The board of directors of the said company shall con-
sist of not less than five and not more than fifteen directors.

Head office. 10. The head office of the company shall be at the City
of Toronto.

Annual meet-
in?.

11. The date and place of the annual meeting of the
shareholders shall be fixed by the by-laws of the said com-
pany.

Rights of aliens

12. Aliens shall have equal rights with British subjects
to take and hold stock and to vote, and shall be eligible
to office in the company.

Application
of certain pro-
visions of
Rev. Stat,
c. 191.

13. The several sections of The Ontario Companies Act
numbered from 17 to 22, and from 24 to 81, and from 83
to 97, and from 103 to 106, inclusive, and all amendments
thereof shall be incorporated with and deemed part of this
Act, and shall apply to the company, except only so far
as they may be inconsistent with the express enactments
hereof; and the expression "this Act" when used herein
shall be understood to include the said sections of The
Ontario Companies Act and every Act in amendment there-
of so incorporated with this Act.

powers eier- 14. By-laws hereafter passed by the council of any
3EdwUvnr municipality and agreements hereafter entered into between
c. 19, s. 33i|not any municipality and any telephone company or individual
wi [^company! granting an exclusive right within such municipality under
section 331 of The Consolidated Municipal Act, 1903, shall
be and be deemed to be subject to the rights of this com-
pany under section 3 hereof for the construction and oper-
ation of a long distance line and business. Provided that
unless the company shall, within one year after the pass-
ing of this Act, satisfy the Ontario Railway and Municipal
Board that the sum of $200,000 has been expended in ac-
tual work of construction, and shall obtain and fyle in the
office of the Provincial Secretary a certificate of the said
Board to that effect, this section shall be of no further
force and effect, and shall be deemed to be repealed after
the expiration of said one year.

15. It shall be lawful for the said company to trim as
far as necessary any trees growing upon, over or along
the public highway, streets, roads, or other public places
57a s. wherever

Trees on
highways.

1906. PROVINCIAL LONG DISTANCE TEL. CO. Chap. 135 890

wherever such trees interfere with the proper operation
of the company's long distance wires and lines, subject to
the consent of and under the supervision of the munici-
pality in which such public highway, street, road, or
place is situate or the officer appointed by the municipality
for such purposes.

16. Any incorporated telephone company may and is panfeVrnay
hereby authorized and empowered to subscribe for and hold take st°ck.
shares of the capital stock of this company and to invest in,
purchase and hold bonds or other securities of this company.

17. The company shall give telephonic connection with ^?v™?onnec-
the trunk lines and long distance system owned and oper- ablegates6*80"
ated by the company to any person or persons, municipal-
ity or incorporated company, owning and operating any

local telephone system solely on such terms, conditions and
charges as may be agreed upon, and in case of disagree-
ment as may be, determined by the Ontario Railway and
Municipal Board.

18. The rates and charges for messages from any person ^egu latio n of
in one municipality to any other person in another muni- charges by
cipality, commonly known as long distance messages, may Municipal"
be increased or diminished by order of the Ontario Rail- Board-
way and Municipal Board, upon the application of the
company or any interested municipality, or any person, and
thereafter the rates so ordered shall be the rates charged

by this company until again similarly adjusted by the
Board.

19. A long1 distance line or service shall mean any " Lon? Ph-„

18.1106 LltlO

trunk line or service connecting a trunk line office or sta- meaning of .
tion in a municipality with a trunk line office or station in
another municipality, but shall not include the sending
out of any telephonic message by wire from any trunk line
or other office in the municipality to any other point within
the same municipality.

20. Unless the company shall, within two years after A°g^db^e
the passing of this Act, satisfv The Ontario Railway andpeaiedif
Municipal Board that the sum of $200,000 has been ex- fp2°n't°K0
pended by the company in actual work of construction, and year»-
shall obtain from the said Board and fyle in the office of

the Provincial Secretary a certificate to that effect, the pow-
ers by this Act conferred upon the company shall thereafter
cease and determine, and this Act shall be deemed to be
repealed.

CHAPTER

900 Chap. 136. sao paulo t. l. and p. co. 6 Edw. VII

CHAPTER 136.

An Act respecting The Sao Paulo Tramway Light
and Power Company, Limited.

Assented to 27th April, 1906.

WHEREAS by Letters Patent under the Great Seal of
the Province of Ontario, dated the 7th day of April,
A.D. 1899, The Sao Paulo Railway Light and Power Com-
pany, Limited, was duly incorporated; and whereas by
Order of the Lieutenant-Governor in Council, dated the
13th day of December, A.D. 1899, the corporate name of
the said Company was changed to the corporate name of
The Sao Paulo Tramway Light and Power Company,
Limited; and whereas by Act of the Legislature of
the Province of Ontario, being chapter 104 of 2 Edward
VII, an issue of certain preference stock was authorized,
and an issue of first mortgage bonds made by the company
was confirmed ; and whereas by its petition the said com-
pany has prayed that it may be authorized to issue to the
holders of its shares who may desire the same, share war-
rants to bearer in lieu of the stock certificates representing
such shares, and providing for the rights of the holders
of such share warrants and for other necessary particulars
relating thereto; and whereas it is expedient to grant the
prayer of the said petition;

Therefore His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. The Sao Paulo Tramway Light and Power Company,
Limited (hereinafter referred to as "the company'"), may,
with respect to any share which is fully paid up, issue
under its common seal a warrant stating that the bearer
of the warrant is entitled to the share or shares therein
specified, and may provide by coupons or otherwise for the
payment of the future dividends on the share or sha\rets
included in such warrant hereinafter referred to as a
"share warrant."

I'jeamble.

Issue of share
warrants.

1906.

SAO PAULO T. L. AND P. CO.

Chap. ^136.

901

2. A share warrant shall entitle the bearer of such war-E»ectof share
rant to the shares specified in it, and such shares may bewarrant
transferred by the delivery of the share warrant.

3. The bearer of a share warrant shall, subject to the surrender and
by-laws of the company regarding share warrants as entufe'to'0"
hereinafter provided, be entitled on surrendering such*"^ras3hare-
warrant for cancellation to have his name entered as a
shareholder in the books of the company, and the company

shall be responsible for any loss incurred by any person com^y for
bv reason of the company entering in its books the name entry without

V, , ji i • _cj.ii cancellation .

of any bearer of a share warrant m respect of the shares
specified therein without the share warrant being sur-
rendered and cancelled.

4. The bearer of a share warrant may, if the by-laws To what extent
regarding share warrants so provide, be deemed to be deeine" t0 be
a shareholder of the company within the meaning of Th e shareholder.
Ontario Companies Act and amendments thereto, either r6V. st&t.

to the full extent or for such purposes as may be prescribed0 191
by the said by-laws, provided that the bearer of a share
warrant shall not be qualified in respect of the shares warrant wm
specified in such warrant for being a director of the com- bearer "asi

pany. director.

5. On the issue of a share warrant in respect of any share ^^"re™;^
or shares, the company shall strike out of its books the register
name of the shareholder then entered therein as holding

such share or shares as if he had ceased to be a share-
holder, and shall enter in the register the following parti-
culars : —

(a) The fact of the issue of the warrant;

(b) A statement of the share or shares included in the

warrant.

and until the warrant is surrendered the above particulars
shall be deemed to be the particulars which are required

by The Ontario Companies Act and amendments thereto, Rev stat
to be entered in the books, reports, statements, or annual c- 191 •
summary of thei company in respect of such share pr
shares; and on the surrender of a warrant, the date of ^J^"^ to
sxich surrender shall be entered as if it were the date at beentered.
which a person ceased to be a shareholder.

6. The directors may from time to time pass by-laws to power to
regulate the issue of share warrants, and in particular the y^fy tora t0
issue of a new share warrant or coupon in the place of nne?on(litio",'lf
worn out, defaced, lost or destroyed, and to regulate the
conditions upon which the bearer of a share warrant

shall be entitled to attend and vote at general meetings,

and

902

Chap. 136. SAO PAULO T. L. AND P. CO. 6 EdW. YII

and upon which a, share warrant may be surrendered and
the name of the holder entered in the books of the com-
pany in respect of the shares therein specified. Unless
the bearer of a share warrant is entitled to attend and
vote at general meetings, the shares represented by such
warrant shall not be counted as part of the stock of the
company for the purposes of a general meeting.

CHAPTER

1906.

TORONTO LIEDERKRANZ.

Chap. 137 903

CHAPTEE 137.

An Act respecting The Toronto Liederkranz,
Limited.

HEEEAS The Toronto Liederkranz, Limited, has, by

tt its petition, set forth that the said society was in-
corporated under the name of "Liederkranz'' by a declara-
tion filed on the 24th day of April, 1883, pursuant to the
provisions of the Eevised Statutes of Ontario, 1877, chap-
ter 167, intituled "An Act respecting Benevolent, Provi-
dent and other Societies;" that by Letters Patent issued
on the 5th day of October, 1886, it was incorporated sub-
ject to the provisions of The Ontario Joint Stock Compan-
ies Letters Patent Act, being chapter 150 of the said Ee-
vised Statutes of Ontario, under the name of "The Toronto
Liederkranz;" that by the said last mentioned Letters
Patent the capital stock was declared to be $ 1,000 div-
ided into 100 shares of $10 each; that by Supplementary
Letters Patent issued on the 1st day of June, 1892, a by-
law of the said society increasing its capital stock
from the sum of $1,000 to the sum of $20,000 by
the issue of 1,900 shares of new stock of $10 each
was confirmed; that $12,000 of the capital stock
of the society has been issued, and is fully paid up;
that the remaining $8,000 of the capital stock authorized
has not been subscribed for or issued; that the society is
free from liability, except current expenses, and has assets
of the value of over $30,000; that by the by-laws of the said
society it is enacted that only Germans or German-speaking
men of the full age of 21 years are eligible to acquire or
hold stock therein, and that the society is desirous of re-
stricting the membership to such persons; that it is also
provided by the said by-laws that upon the death of any
shareholder his personal representative shall have two
years within which to transfer his share or shares to any
person eligible to become a shareholder under the by-laws
of the society, and that in the meantime such personal
representative shall be entitled to receive any dividend or

Assented to 27th April, 1906.

bonus

904 Chap. 137

TORONTO LIEDERKRANZ.

6 Edw. VII

bonus which may be declared in respect of such shares, but
he shall not be entitled to vote thereon unless he himself
be a shareholder, and in default of such transfer within
such time the directors may, if they see fit, and it shall
be lawful for them to sell such share or shares, and to pay
over the proceeds thereof to the estate or the personal repre-
sentative of the deceased ; that the society is desirous of
having the provisions of the said by-laws confirmed and of
obtaining power to purchase and re-sell the shares of de-
ceased shareholders; and whereas the said society has peti-
tioned that an Act may be passed confirming the said
by-laws and giving it power to acquire at their par value
and to re-sell the shares of deceased shareholders; and
whereas it is expedient to grant the prayer of the said peti-
tion ;

Therefore His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of On-
tario, enacts as follows: —

By-laws Nos. 23 1. By-laws Nos. 23 and 26 of The Toronto Liederkranz,
TorontoLieder- Limited, set forth in Schedule "A" to this Act, are hereby
confirmed1' confirmed and declared to be legal and binding upon all
the shareholders, from time to time, of the said society.

Directors au- 9. So long as the capital stock of the said society shall

triorizcd to pur- » • •

chase shares of not be impaired it shall be lawful for the directors of the
hoideiewithare said society, from time to time, to apply such portion of
society funds. ^ne funds of the said society as may be necessary in the
purchase at their par value of any share or shares in the
said society standing in the name of a deceased shareholder
and the directors may, from time to time, as they see fit,
sell and dispose of at not less than their par value all such
Proviso, shares so purchased. Provided that the aggregate of the
shares which may be held at any one time by the said
directors under this section shall not exceed $3,000 in par
value.

Nomination of 3. Any shareholder of the society holding shares not ex-
person to re- ceedinsr $200 may, from time to time, nominate any person

ceive purchase 1 l • ■j.i ■ mi Pj _i

price of shares, or persons, such, person or persons being within I he .statute
of Distribution, to receive the purchase money of his
shares, provided such nomination is duly deposited with
Rev. stat. the secretary of the society during the shareholder's life-
time, and upon receiving a statutory declaration of the
death of the nominator the society shall pay the purchase
money of such shares to the nominee.

SCHEDULE A.
By-Law No. 23.

That no person other than German or German-speaking men,
of the full age of twenty-one years, shall be eligible to acquire

1906.

TORONTO LIEDERKRANZ.

Chap. 137

905

or hold stock in the company, nor unless they have been proposed
and seconded by shareholders in good standing and their names
have been posted for ten days in the usual place and manner and
the Board has consented thereto.

By-Law No. 26.

Upoii the death of any shareholder his personal representative
shall have two years within which to transfer his share or share*
to any person eligible to become a shareholder under the by-laws
of the company, and in the meantime such personal representa-
tive shall be entitled to receive any dividend or bonus which
may be declared in respect to such shares, but he shall not be
entitled to vote thereon unless he himself be a shareholder ; and
in default of such transfer within the said time the directors
may. if they see fit. and it shall be lawful for them, to sell such
share or shares, and pay over the proceeds thereof to the est.ntvn.
or the personal representative, of the deceased.

CHAPTER

906 Chap. 138. twin city chamb. of commerce. 6 Edw. VII

CHAPTER 138.

An Act to incorporate the Twin City Chamber of

Commerce.

Asented to 27th April, 1906.

Preamble. YJ^HEREAS David Rampton Bruce, Guillot Pollock
T T Ames, Allen Grant Seaman, George Thomas Marks,
Erank Egerton Gibbs, John James Carrick, Franklin
Samuel Wiley, George Clavet, George Mooring, Joseph
Goodwin King, Samuel Wellington Ray and George
Francis Hourigan, all of the Town of Port Arthur, and John
Thomas Home, William David Muirhead, Michael Henry
Braden, Edward Robert Wayland, Joseph Lynn David-
son, Samuel Crawford Young, Davidson William Black,
James Hume Perry, Charles William Jarvis, James
Cheyne, George Alexander Graham and James Murphy,
all of the Town of Fort William, in the District of Thun-
der Bay, have petitioned for the incorporation of them-
selves and others as the Twin City Chamber of Commerce,
for the purposes and with the powers hereinafter set forth,
and it is expedient to grant the prayer of the said petition ;

Therefore His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of On-
tario, enacts as follows: —

incorporation. | Tlie aforesaid persons and all those who may here-
after become associated with them by becoming members
of the corporation hereby created, shall be, and they are
hereby constituted a body politic and corporate under the
name'of "The Twin City Chamber of Commerce," herein-
after called the Corporation, and may acquire for them-
selves and their successors, under any legal title whatso-
ever, property real and personal, but only to the extent
requisite for the purposes of the business of the Corpora-
tion; may alienate, sell, convey, lease or otherwise dispose
of the same or any part thereof from time to time as occa-
sion may require, for such price or prices and on such terms
and conditions as they may see fit; and may, should they see
fit, acquire other real and personal estate in lieu thereof, for

the

1906.

TWIN CITY CHAMB. OF COMMERCE.

Chap. 138

907

liie purposes set forth, in this Act; may borrow money on
mortgage of the real estate of the Corporation or by the
issue of bonds, debentures or other securities for such time
and on such terms and at such rates of interest as they may
see fit; provided always that the clear annual value of the
said real estate at any one time shall not exceed hve thous-
and dollars, and provided also that the said Corporation
shall not have or exercise any corporate powers whatever
except such as are expressly conferred by this Act or which
are necessary for carrying the same into effect.

2. The objects of the said Corporation are hereby de- objects of
clared to be, to compile, record and publish statistics, to cori"'ratl"
acquire and distribute information respecting grain, pro-
duce, provisions, stocks, shares, bonds and debentures; to
provide and regulate a suitable building, room or rooms
for grain and stock exchanges and offices in the Towns of
Port Arthur and Fort William; to promote the establish-
ment and maintenance of uniformity in the business of its
members and those dealing with them; to promote the
observance of such regulations and requirements as may be
by by-law established not contrary to law; to which ends
the corporation is hereby empowered by vote of the major-
ity of its members present at annual, quarterly or special
meetings of the corporation, to make, establish, amend and
repeal such nroper and needful rules, regulations and by-
laws, as may be deemed necessary or expedient for its gov-
ernment, for the maintenance and due regulation of its
grain and stock exchanges, offices and property; for the
raising of funds, not exceeding the amount of $100,000, by
the issue of bonds, debentures or other securities, or other-
wise; and for fixing the terms, rights and privileges (in-
cluding the right of voting, but such right of voting to be
independent of the right of voting incident to membership
in the said corporation) ; and the rate of interest under
which the said bonds, debentures or other securities may
be held, transferred or forfeited, provided that any by-
laws or resolutions regulating the said terms, rights and
privileges shall remain in force and be binding on the
said Corporation and shall not be altered or amended as
long as any such bonds, debentures or other securities shall
remain unredeemed unless with the consent in writing of
the holders thereof; for the employment of a secretary and
treasurer and such clerks, officers and servants as may be
deemed necessary ; for regulating the mode of voting at any
ordinary, special or general meeting, or for determining'
whether the presiding officer shall or shall not vote
or shall or shall not have a double or casting vote in
case of a tie ; and for all or any purposes within the
powers conferred by this Act, and for the administration
of their affairs generally, provided always that such by-
laws are not contrary to law:

908

Chap. 138. twin city chamb. of commerce. 6 Edw. VII

management 3. The affairs, business and concerns of the said Corpor-
of corporation. ation shall be managed by a Council of Management con-
sisting of a President, Vice-President, Secretary, Treasurer
and such other number of members of the said Corporation
as may be provided by the by-laws, all to be elected annually
at such place and time as may be provided by the by-laws.
All vacancies which may occur in the said Council by death
or otherwise shall be filled by the said Council; and a major-
ity of the number of the said Council shall constitute a
quorum for the transaction of business; provided, that the
officers of the said Corporation shall remain in office, and
be the officers of the said Corporation until others shall be
appointed in accordance with the provisions of this Act, and
all the existing rules, by-laws and regulations of the said
corporation shall continue in force and effect and be bind-
ing on the said Corporation and its members until repealed
or changed under the provisions of this Act.

Annual meet-
ing.

4. An annual meeting shall be held for the election of
the Council of Management (and for such other business as
may be brought before such meeting) at such time and
place and under such regulations and notices as the by-
laws of the said Corporation shall determine, and may be
adjourned as decided at such meeting; but in case of any
accident, failure or neglect to hold such general election
the said Corporation shall not thereby lapse or terminate
but shall continue and exist, and the then officers shall
hold office until the next general election, or until such
other period as may be provided for in the by-laws.

5. The said Corporation may admit as members such
persons as they see fit, and may expel any members for
such reasons and in such manner as may be by by-laws
provided.

6. The said Corporation shall have power to provide by
for hearing dis- by-law for the election or appointment by nomination of
membersWeen arbitrators, who shall be members of the said Corporation,

to hear and decide controversies, disputes or misunderstand-
ings relating to any commercial matter which may arise be-
tween members of the said Corporation or any person what-
soever claiming through or under them, which may be
voluntarily submitted for arbitration by the parties in
dispute ; but nothing shall prevent the parties in any case
from naming any members of the said corporation as the
arbitrators to whom the matter will be submitted, in lieu
of the arbitrators elected or appointed pursuant to such
by-law.

Admission of
members.

Appointment
of arbitrators

Decision of
majority of
arbitrators to
govern .

7. Members and persons assenting to an arbitration by
an instrument in writing, signed by them in accordance
with the by-laws of the said corporation, shall be deemed
to have submitted to the decision of the majority of the

arbitrators,

1906.

TWIN CITY C'HAMB. OF COMMERCE.

Chap. 138

1)09

arbitrators, who under any by-law or by nomination by the
parties or by the submission, may be appointed to hear and
decide the case.

8. The arbitrators shall, before they act as arbitrators, ^cnby c
take and subscribe an oath or affirmation before a Justice arbitrators,
of the Peace, or a commissioner appointed to take or receive
affidavits, in the superior courts, (who are hereby empow-
ered to administer such oaths), that they will faithfully,
diligently, and impartially perform their duties as arbi-
trators, and will in every case give a true and just award
according to the best of their judgment and ability, with-
out fear, favour or affection, of or for any party or person
whomsoever ; and if arbitrators are nominated by the par-
ties they shall, in each case before they act, take and sub-
scribe a similar oath or affirmation in manner aforesaid.

9. The members appointed to hear any case submitted arbtoatora to
for arbitration as aforesaid, or a majority of them, shall *a™ine on
have full power to examine upon oath or affirmation (which

oath or affirmation any of such members is hereby empow-
ered to administer), any party or witness who, appearing
voluntarily before them, shall be willing to be so exam-
ined, and shall give their award thereupon in writing;
and their decision, or that of a majority of them, given in
such award shall bind the parties according to the terms
of the submission and the provisions of this Act.

10. No member or office-holder shall in any manner be Limit of

i • i i ii i-ii p iii liability of

liable for or he charered with the payment of any debt or members for
demand due by the said Corporation, beyond the amount of portion!01
his unpaid annual dues and subscriptions ; provided that
any member may withdraw from the said Corporation at
any time on payment of all monies due by him to the said
Corporation, inclusive of his subscription for the year then
current, after which he shall have no claim or demand of
any kind against or any rights or privileges (except as a
creditor) in the said Corporation.

11. All subscriptions of members due to the said ^ nr" s!"b™rTptioris
poration and all penalties incurred under any by-law by any to be made to
person bound thereby, and all other sums of money due t o treasurer> etc-
the said Corporation shall be paid to the Treasurer thereof,
and in default of payment may be recovered in any action
brought in the name of the said Corporation; and it shall
onlv be necessary in such action to allege that such person
is indebted to the said Corporation in the sum of money
being the amount of such arrears, on account of such sub-
scription, penalty or otherwise, whereby an action hath
accrued to the said Corporation by virtue of this Act, and
on the trial or hearing of any such suit it shall be sufficient

•prima

910 Chap. 138. twin city chamb. of commerce. 6 Edw. VII

prima facie evidence for the said Corporation to prove that
the defendant at the time of the institution of such action
was, or had been a member of the said Corporation, and
that the amount claimed by reason of such subscription or
otherwise, was standing unpaid in the books of the said
Corporation.

Returns. 12. The said Corporation shall at all times, when

required under the provisions of any statute to that
effect, make a full return of its property, real and per-
sonal, and of its debts, receipts and expenditure for such
periods and with such details and other information as
may be required under the provisions of the said statute.

CHAPTER

1906.

HURON COLLEGE.

Chap. 139

911

CHAPTER 139.

An Act to amend the Constitution of Huron College.

HEREAS Huron College has by its petition repre- Preamble.

f t sented that it is the only Divinity College, in con-
nection with the Church of England in Canada, situ-
ate within the Diocese of Huron, and that it is
deemed desirable that certain changes be made in its con-
stitution and regulations with the view of bringing it into
closer touch with the Incorporated Synod of the Diocese of
Huron, which is the governing body of the said Diocese,
and that Huron College is incorporated by Statute of Can-
ada, passed in the 26th year of the reign of Her late
Majesty, Queen Victoria, chaptered 31, and that its con-
stitution and functions are defined and governed by the
said Act as amended by the Statute of The Province of
Ontario passed in the 32nd year of the reign of Her
late Majesty, Queen Victoria, chaptered 52, and by
three certain indentures, dated respectively, the first two
thereof on the fourth day of May, A.D. 1863, and the third
thereof on the twenty-ninth day of March, A.D. J 897, the
first of such indentures being an indenture defining the Con-
stitution of the said College, and being executed by the
Right Reverend Benjamin Cronyn and others, the second
of such indentures being the deed of Endowment of "The
Peache Chair" in the said College, and being executed by
the Reverend Alfred Peache and others, and the third of
such indentures being an indenture whereby the Colonial
and Continental Church Society was substituted in the
place and stead of "the English Trustees" under the said
secondly m)entioned indenture of the Peach Trust, the
said last mentioned indenture being executed by the said
the Reverend Alfred Peache and others, all of which said
indentures are deposited amongst the archives of the said
College; and that the said the Colonial and Continental
Church Society is the only party, other than the said
petitioners, interested in the matters hereby dealt with and
has, by resolution duly passed on the 17th day

Assented to 27th April, 1906.

912

Chap. 139.

HURON COLLEGE.

6 Edw. VII

of October, A.D. 1905, testified its consent to and
approval of the changes hereby contemplated; and whereas
the said College has prayed that an Act may be passed
amending its constitution accordingly; and whereas, it "s
expedient to grant the prayer of the said petition.

Therefore His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of Ontario,
enacts as follows :

Appointment
of members of
Council and
Principal of
Huron College

1. Notwithstanding anything contained in the said Acts
of incorporation of Huron College, or in the said three in-
dentures or any of them, or the rules or by-laws of the said
College or otherwise, the method of appointing the mem-
bers of the Council of Huron College and also of appoint-
ing the Principal thereof in case of future vacancies shall
be as follows, to wit :

The members of the said Council shall eventually num-
ber sixteen (exclusive of the Bishop of the Diocese of
Huron for the time being, and the Principal of the College
for the time being, each of whom shall always be a mem-
ber of the Council ex officio), of whom (so soon as, having
regard to the method of appointing new members herein-
after defined, it may be accomplished) one half shall be
clergy, and one half laity; and further (after reduction of
the said Council by death or otherwise to sixteen, exclusive
of the Bishop and the Principal) one half of the said six-
teen members shall always consist either of members of the
present existing Council, or members co-opted by the sur-
vivors of the present existing Council, or by the survivors
of members so co-opted, while the remaining one half of the
said Council, exclusive of the Bishop and the Principal,
shall consist of members elected by The Incorporated
Synod of the Diocese of Huron.

From and after the passing of this Act the said Council
shall consist of the present members thereof and eight
others (hereinafter referred to as the Synod members) to
be elected by The Incorporated Synod of the Diocese of
Huron at its next annual meeting.

The present members of the Council shall continue in
office and when, by death or otherwise, their number shall
have been reduced below eight (exclusive of the Bishop
and the Principal, and exclusive also of the Synod mem-
bers) then and in such case and so often as the same shall
happen the remaining members of the Council (other than
the Synod members) shall, as soon as conveniently may be,
at a meeting to be holden separately for that purpose, (of
which notice shall be given in such manner as shall be
provided by by-law) elect one or more fit and proper person
or persons to be a member or members of the Council, in

addition

1906.

HURON COLLEGE.

Chap. 139 913

addition to the remaining members thereof, in the place
and stead of those who have ceased to be such members,
having regard in such election to the provision hereinbe-
fore contained as to the relative proportion of clergy and
laity in the said Council, to the end that, by means of
such election, the number of sixteen members of the Coun-
cil may be completed, inclusive of the Synod members,
but exclusive of the Bishop of the Diocese and the Prin-
cipal of the College.

From and after the period at which the Council shall
have been reduced in manner aforesaid to the number of
sixteen, the said Council shall consist of not less than five
nor more than sixteen members, exclusive of the Bishop
and the Principal. The remainder of the Council (other
than the co-opted members and the Bishop and the Prin-
cipal) shall be elected by the said Synod at its annual
meeting.

The Synod members shall consist of four clergymen and
four laymen who shall be members of the said Synod at
the time of their election, and shall be elected and hold
office for the following respective terms, namely : One
clergyman and one layman for one year, one clergy-
man and one layman for two years, one clergyman and one
layman for three years, and one clergyman and one layman
for four years, any broken period of a year intervening
between the date of such election and the date of termina-
tion of the official year, hereinafter defined, to be deemed
a year within the meaning of this clause.

The date of the termination of the official year, on which
the periods of office of the Synod members shall respec-
tively terminate, shall be the first day of June; retiring
members shall be eligible for re-election.

For the purpose of filling vacancies in the numbers
of the Synod members, the said Synod shall, at its annual
meeting, in each successive year subsequent to the first
election of the Synod members, elect two new members of
the Council, in the place and stead of the two Synod mem-
bers whose term of office has expired by lapse of time,
one of such members being a clerg-yman and one a lay-
man, and both being members of the Synod at the time
of their election, and such two new members shall respec-
tively hold office for the term of four years. The said
Synod shall at the same time fill all such vacancies as
shall have occurred in the numbers of the Synod members
by death, resignation or otherwise than by lapse of time,
by the election of the necessary numbers of additional
new members, who shall be members of the Synod at the
time of their election. Such additional members shall
be elected respectively for terms of office equivalent to the
58 s. unexpired

914

Chap. 139.

HURON COLLEGE.

6 Edw. VII

unexpired terms of the respective members whose places
they are elected to fill; and in such elections regard shall
be had to the provision hereinbefore contained as to the
relative proportion of clergy and laity in the said Coun-
cil.

ofUmembersof ^' Pers011 snaU ^e elected or appointed or shall
council. ers ° remain a member of the Council who shall not be a strictly
Protestant and Evangelical member of the Church of
England in Canada holding the doctrines and principles
expressed in the thirty-nine articles as now by law estab-
lished, interpreted according to the plain and natural
meaning thereof.

3. Nor shall any member of the Council be allowed to
act as such until he shall have assented and subscribed to
the constitution declared by the first above mentioned
indenture, and in the event of his neglect or refusal to so
assent and subscribe, his nomination, election and appoint-
ment as such member shall thenceforth become null and
void.

Member must
subscribe to
constitution,
etc.

nominate0 ^- Upon the vacation from time to time of "The Peache
persons to fin Chair" referred to in the indenture secondly above referred
Peacheychair. to, the Council shall, within one month after such vacation,
at a special meeting to be holden for that purpose, select
names of three or more fit persons, as defined by the said
last mentioned indenture, to fill the said Peache Chair, and
shall forthwith thereafter forward such names, with the
appropriate testimonials and information relating thereto,
to the Colonial and Continental Church Society.

Appointment 5. The said Society shall, within one month from the

of nominee by . „ . . „ „ ,

colonial and receipt of such notification, approve of one of the names
church11'8'1 80 forwarded, and appoint such nominee to the said Peache
Society. Chair, or reject such names, and shall forthwith notify
the Council of such their approval or rejection.

Procedure in g Upon receiving notice of the rejection of the said

C&S6 01 TGJGC' • • • » • ■

tionofnomin- nominees the Council shall in like manner, within one
month from the receipt of such notice, at a special meet-
ing to be holden for that purpose, select the names of three
or more other fit persons, as defined by the said indenture,
to fill the said Peache Chair and shall forthwith thereafter
forward such names, with the appropriate testimonials and
information relating thereto, to the said Society.

power of 7. The said Society shall thereupon, within one month

fectorVppoint from the receipt of such last mentioned notification, either
in such case, approve of one of the names so forwarded, and appoint such
nominee to the said Peache Chair, or reject such names,
58a s. and

1906.

HURON COLLEGE.

Chap. 139 915

and shall forthwith notify the Council of such their
approval or rejection.

8. In case of the rejection of such names similar pro- similar pro-

CGCiurG until

cedure to that hereinbefore defined shall be adopted until nominee
the appointment to the said Peache Chair shall have been aPP°mted-
made by the said Society.

9. All such portions of the said Act of Incorporation of enactments'
Huron College and amending Acts, and of the said three repealed,
in part recited indentures, and of the by-laws and regula-
tions of the said College, as contain any provision adverse

or repugnant to the provisions of this Act are hereby
abrogated and repealed, but, except in so far as is neces-
sary to give effect to the provisions of this Act, the said
last mentioned Acts and the said indentures, by-laws and
regulations shall not be affected hereby.

CHAPTER

916

Chap. 140.

WESTERN UNIVERSITY.

6 Emv. YII

CHAPTER 140.

An Act respecting the Western University and
College.

Assented to 27th April, 1906.

Preamble. VU HEREAS The Western University and College (here-
Ty inafter called the University) was incorporated by
chapter 70 of the Acts of the Legislative Assembly
passed in the 41st year of the reign of Her late Majesty
Queen Victoria, hereinafter called "The Principal Act,"
as amended by chapter 89 of the Acts passed in
the 45th year of the same reign, and was em-
powered to carry on the work of a University and
college in connection with the Church of England, and
whereas the University has by its petition requested that
the method of the appointment of senators in the Uni-
versity should be changed and the number of senators
increased and their term of office and qualifications
defined and that the University might be given power to
enact rules for the formation and regulation of facul-
ties and that the said Acts might be amended, and
whereas the Act respecting the University passed in the
55th year of the same reign and chaptered 107 has never
been brought into force ; and whereas it is desirable that it
should be repealed; and whereas it is expedient to grant
the prayer of the said petition;

Therefore His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of Ontario,
enacts as follows : —

41 vice. 70, 1. Section 1 of chapter 70 of the Acts passed in the 41st
8.i amended. y6M. of the reign of Her late Majesty Queen Victoria

is amended by striking out the following words : "who may
hereafter be appointed to be chancellor or members of the
senate as hereinafter mentioned and all the persons on
whom the University hereby created may hereafter confer
any degree" and by substituting therefor the words
"included in the third section of this Act."

1906.

WESTERN UNIVERSITY.

Chap. 140

017

2. Section 3 of the said principal Act is hereby repealed IVrepeai cd.
and the following substituted therefor : —

3. — (1) In addition to the persons named in the first sec_ ^"corpora °f
tion of this Act the Corporation of the Western University tion.

and College shall consist of (a) The Chancellor of the Uni-
versity; (6) The Lord Bishop (hereinafter called the bishop)
for the time being of the Church of England in the Diocese
of Huron hereinafter called the diocese) ; (c) the Vice-Chan-
cellor; (d) the members (hereinafter called senators) of the
senate (hereinafter called the senate) of the University;
(e) all persons (hereinafter called the graduates) who are
now or who may hereafter be graduates of the University
and who shall contribute an annual sum of not less than five
dollars to the funds of the University ; (/) all persons (here-
inafter called the subscribers) who may subscribe to the
funds of the University an annual sum of ten dollars; and
(g) all persons (hereinafter called the donors) who donate to
the University a capital sum of not less than five hundred
dollars.

(2) The chancellor shall be elected by the corporation
and shall hold office for four years and shall be eligible for
re-election.

(3) The vice-chancellor shall be elected by the senate and
shall hold office for four years and shall be eligible for re-
election.

(4) No person shall be disqualified to hold the office of
chancellor or vice-chancellor because he is a member of the
corporation in some other official capacity or because before
election he was not a member of the corporation.

(5) Every annual subscription to the funds of the Uni-
versity shall be due on the first day of January and any
subscriber or graduate who is in arrear with respect to any
annual subscription shall not be entitled to vote.

3. Every person who before the passing of this Act shall who to be
have received the testamur of Huron College or on whom graduates of
whether before or after the passing of this Act the Univers- Unlver81ty-
ity has conferred any degree, shall be included in the term
"graduate of the University" within the meaning of the

third section of the said principal Act.

4. — (1) The senate of the University shall consist of (a) con s^tf011 0{
the bishop, (6) the chancellor of the University (when the

bishop is not chancellor) ; (c) the heads of the various facul-
ties established by the University; (d) sixteen members of
the council of Huron College ; (e) sixteen persons (of whom
not less than one-half shall be laymen) chosen by the synod
of the diocese; (J) sixteen persons, of whom eight shall be
appointed by the bishop and eight elected by the subscrib-
ers and donors; (g) four graduates elected by the. graduates

918 Chap. 140. WESTERN UNIVERSITY. 6 EDW. VII

in medicine, and (h) four graduates elected by all the
graduates of the University except the graduates in
medicine.

(2) The bishop shall be the president of the senate. When
the bishop is absent the vice-chancellor shall preside. If
both are absent a chairman shall be elected by the members
present at any meeting.

(3) Section 1 of the Act passed in the 45th year
of the reiorn of Her late Majesty Queen Victoria, chap-
tered 89, is hereby amended by striking therefrom the
words "and each and every of them being and always con-
tinuing to be members of the Church of England," and
section 2 of the said Act is hereby repealed.

(4) No religious qualifications or tests shall be required
in the case of any member of the senate.

6. The corporation shall meet forthwith after the passing
of this Act and shall elect a person to be the chancellor of
the University. And thereafter the corporation shall meet
annually and at every fourth annual meeting shall elect a
person to be the chancellor of the University.

6. — (1) The subscribers and donors shall meet forthwith
after the passing of this Act (for which first meeting seven

members shall form a quorum) and shall elect two persons
to be senators for one year, two persons to be senators for
two years, two persons to be senators for three years, and
two persons to be senators for four years, and the persons
so elected shall be members of the senate for the respective
terms.

(2) And thereafter the subscribers and donors shall meet
annually and shall at each annual meeting elect two per-
sons to be members of the senate for the term of four years.

(3 The council of Huron College shall meet forthwith
after the passing of this Act and shall elect four of the
members of the council to be senators for one year, four
members of the council to be senators for two years, four
members of the council to be senators for three years, and
four members of the council to be senators for four years.
And thereafter the council shall annually elect four of the
members of the council to be senators for four years.

(4) At the first meeting of the synod of the diocese held
after the passing of this Act the synod shall elect four per-
sons to be senators for one year, four persons to be senators
for two years, four persons to be senators for three years,
and four persons to be senators for four years. And there-
after the synod shall annually elect four persons to be sen-
ators for four years.

(5)

Election of
Chancellor.

Election of
Senators.

19C6.

WESTERN UNIVERSITY.

Chap. 140

919

(5) The graduates in medicine shall meet forthwith after
the passing of this Act and shall elect one person to be a
senator for one year, one person to be a senator for two years,
one person to be a senator for three years, and one person
to be a senator for four years. And thereafter the gradu-
ates in medicine shall elect annually one person to be a
senator for four years.

(6) The graduates other than the graduates in medicine
shall meet forthwith after the passing of this Act and shall
elect one person to be a senator for one year, one person to
be a senator for two years, one person to be a senator for
three years, and one person to be a senator for four years.
And thereafter the graduates other than the graduates in
medicine shall elect annually one person to be a senator for
four years.

(7) The term of office of every elected senator shall
commence on the first day of July next after his election.

(8) Retiring senators shall be eligible for re-election.

(9) If an elected senator shall die or resign or become in-
capable of holding the position of a senator or shall (with-
out leave of the senate) absent himself from the meetings
of the senate during a period of six months the remaining
senators may by resolution declare that a vacancy exists and
may thereupon appoint a person to fill the vacancy and the
person so appointed shall be a senator (subject to the pro-
visions of this sub-section) for the residue of the term for
which the senator so dying or resigning or becoming in-
capable or absenting himself as aforesaid was elected.

(10) The bishop may at any time after the passing of
th's Act appoint two persons to be senators for one vear>
two persons to be senators for two years, two persons to
be senators for three years, a_nd two persons to be senators
for four years, and thereafter the bishop may annuallv
appoint two persons to be senators for four vears. If an
appointed senator shall die or resign or become incapable
of holding the position of a senator or shall (except by
leave of the senate) absent himself from the meetings of
the senate during a period of six months the bishop may
by a writing under his hand certify to the registrar of the
University that a vacancy exists, and thereupon the per-
son named in such writing shall cease to be a senator and
the bishop may appoint a person to fill the vacancy. Everv
appointment by the bishop of a senator shall be sufficiently
certified to the senate by a writing under the hand of the
bishop delivered to the registrar, and shall take effect
thereupon.

7. The senate may create faculties and confer degrees in Powers of
divinity and medicine and in any and as many of the arts creating facul-
or sciences as the senate may from time to time determine. ringadegreei.er

920

Chap. 140.

WESTERN UNIVERSITY.

6 Edw. VII

Powers of
senate to
make rules.

55 Vic., C.J107
repealed .

41 Vic, c. 70,
s. 7 amended.

City of Lon-
don authorized
to enter into
agreement
with Univer-
sity and Huron
College as to
payments of
salaries of Arts
professors and
maintenance
of University,
etc.

8. — (1) In addition to the provisions of the said principal
Act, the senate may enact rules (a) defining the respective
duties, powers and jurisdictions of the corporation and the
senate, and (6) regulating the calling, constitution and pro-
ceedings of meetings of (1) the corporation, (2) the senate,
(3) the graduates, and (4) the subscribers and donors, and
(c) generally providing for all matters not specifically cov-
ered by the provisions of this Act.

(2) The senate may enact rules governing the operation,
business and conduct of the University and creating and
regulating the various faculties thereof.

(3) All rules enacted by the senate may be repealed,
amended or added to as the senate may from time to time
by rule enact.

9. Chapter 107 of the Acts passed in the 55th year of
the reign of Her late Majesty Queen Victoria is hereby
repealed.

10. Section 7 of the said principal Act is hereby amended
by striking out the words "the faculty of arts or in science
or literature" in the first and second lines of the said sec-
tion and substituting the words "any faculty other than
in divinity or medicine."

11. — (1) Authority is hereby given to the Corporation
of the City of London (hereinafter called the city), with
the approval of the ratepayers of the said city qualified to
vote on money by-laws first had and obtained for that pur-
pose, and the University and Huron College to enter into
an agreement whereby the city may agree to undertake
to pay the salaries of all the professors in arts who, ac-
cording to the terms of the charter, shall be at least four
in number, and to provide accommodation for and all the
costs of maintenance of the University (the council of
Huron College agreeing to allow the use of the present
buildings while the same remain sufficient for the pur-
poses of the College and the University) and the University
is empowered to grant to the city the right to appoint
the members of the senate and thereupon while such agree-
ment continues and is implemented, the provisions here-
inbefore contained for the election of senators by the
council of Huron College and by the synod and the ap-
pointment of senators by the bishop shall not take effect.

(2) No such agreement shall be entered into by the
University except upon the following terms, namely : —

(a) Huron College shall have the right of affiliation
with the University upon terms at least not less
favorable than those which may now be ob-
tained by the College from the University of
Toronto.

(b)

1906.

WESTERN UNIVERSITY.

Chap. 140

921

(b) The University shall continue to confer degrees

in theologv and shall have and always main-
tain a theological faculty, which said faculty
shall consist of the principals and professors
of all the theological colleges in affiliation with
the University.

options shall not be required to pay tuition
fees to the University for the remaining por-
tion of the Arts Course.

(d) The degree of D.D. when recommended causa hon-

oris by the council of any affiliated theological
college shall be conferred by the University.

(3) If the city, after taking over the University, shall
at anv time fail to maintain a bona fide Arts Course in the
terms of any agreement entered into between the city and
the University and Huron College then any such agree-
ment shall be thereby avoided and determined, and this
Act shall be read and construed and have effect as if sub-
sections (1) and (2) of this section had not been enacted
or contained herein.

(4) In the alternative, if the agreement referred to in
subsection 1 of this section should not be made or main-
tained the city and the University and Huron College are
herebv empowered to enter into an agreement whereby the
citv shall undertake to pay the salaries of two or more
professors in the Arts department, who shall be appointed
by the council of the said city and who may belong to any
denomination of Christians. While such jisreement con-
tinues the Arts Course shall be determined by a board con-
sisting of the principal of the Normal School, the princi-
pal of the Collegiate Institute, and the Public School in-
spector for the City of London, and the professors in Arts
who shall make all regulations regarding the subjects pre-
scribed and also take charge of and conduct the examina-
tion, but in all other respects the University shall remain
and be governed as in this Act provided.

(5) Clause c of subsection 2 of this section shall apply to
any agreement made in pursuance hereof.

CHAPTER

922 Chap. 141. synod of diocese of algoma. 6 Edw. YII

CHAPTER 141.

An Act to incorporate the Synod of the Diocese of
Algoma in connection with the Church of
England in the Dominion of Canada.

Assented to 27th April, 1906.

preamble. AA^HEREAS the Bishop, Clergy and Laity of the

* T Church of England in Canada in the Diocese of
Algoma have by petition represented that the Diocese
of Algoma was set apart several years ago, and
includes the following territory, viz. : The Districts of
Muskoka, Parry Sound, and Manitoulin, that portion
of the District of Nipissing having the height of land as its
northern boundary, and for its southern boundary the
Mattawa River and Trout Lake, together with a line pro-
duced westerly to where the said lake is intersected by the
northern boundary of the Township of Ferris, and thence
westerly along that boundary to Lake Nipissing, all that
portion of the District of Algoma lying south of the
height of land and that portion of the District of Thunder
Bay, lying south and east of the height of land; and
that it is advisable that the Bishop, Clergy and
Laity, members of the Church of England in Canada within
the limits of the said Diocese, shall be formed into a Synod
for the better government of the Church within the said
Diocese; and whereas the Bishop, Clergy and Laity above
mentioned by their said petition prayed that the said
Synod may be incorporated ; and whereas it is expedient to
grant the prayer of the said petition ;

Therefore His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows : —

incorporation. 1. The Bishop, Clergy and Laity of the Church of Eng-
land in Canada in the Diocese of Algoma are constituted a
body corporate and politic under the name of "The Incor-
porated Synod of the Diocese of Algoma," hereinafter
called the "Synod."

1906.

SYNOD OF DIOCESE OF ALGOMA.

Chap. 141 923

2. The Synod shall be composed of the Bishop of the synod-how
Diocese for the time being, who shall be the head thereof ; comP°sed-
the Suffragan or Coadjutor Bishop thereof, if any; the
Priests and Deacons of the same licensed by the Bishop,
and lay representatives elected in each parish or mission
within the Diocese, in the first instance at such time and
place and in such manner as the Bishop may direct, and
thereafter in accordance with the canons, by-laws or regul-
ations adopted by the Synod.

3. The .first meeting of the said Synod shall be called Mrattmeejang
y the Bishop
shall think fit.

by the Bishop of the Diocese at such time and place as he°tk

4. At the said first meeting or at any adjournment an^anonT
thereof the Synod may adopt a constitution and canons,
by-laws or regulations for the general management and

good government of the Church of England in Canada
within the said Diocese and may from time to time, as the
Synod sees fit, alter and amend the same, and the Synod
may in such manner and by such proceedings as may be
adopted, make regulations for enforcing discipline in the
Church, for the appointment, deposition, deprivation, or
removal of any person bearing office therein of whatever
order or degree, for the acquiring and disposing of pro-
perty and for the convenient and orderly management of
the same, and the temporalities, affairs and interests gener-
ally of the Church in matters relating to and affecting the
same, and the officers and members thereof; Provided that
nothing in this Act contained shall authorize the doing of
any act or the adoption of any canon, by-law or regulation
contrary to any general statute of the Province or to any
canon, by-law or regulation of the Provincial Synod of
Canada or of the General Synod of the Dominion of Can-
ada.

5. The said Synod may receive by devise, bequest or Acquiring
gift and acquire by agreement, purchase or otherwise, or will for
lands or other property or any interest therein, and shall dToTeTeand
hold the same in trust for eleemosynary, ecclesiastical ord^°^|of
educational purposes, of the Church of England in Canada
within the Diocese of Algoma, and • -If-' 11 have power to
charge, sell, or otherwise deal with or dispose of the same

upon such terms and in such manner as it may deem expedi-
ent for the purposes aforesaid.

(>. All property of every kind whatsoever, now held by Property held
the Bishop of the Diocese of 'Algoma in trust for the AigomaTobe
Church of England in Canada within said Diocese, is here-g^din
by vested in the Synod, for all the estate, right, title and
interest therein of the said Bishop of Algoma. without the
execution or registration of any deed, transfer, assign-
ment

924

Chap. 141.

SYNOD OF DIOCESE OF ALGOMA. 6 EdW. VII

ment or other conveyance from the said Bishop to the
Synod and the Synod shall hereafter hold such property
subject to all trusts relating thereto, and the Bishop of the
said Diocese of Algoma is hereby released and discharged
from all liability in connection with the future adminis-
tration of such trusts, or, the property constituting the
subject matter thereof.

what reeitais 7. For the purposes of proving the transmission of title
samoiea^or1 °^ any trust property aforesaid, from the Bishop of
purposes of Algoma to the Synod, it shall be sufficient • in order

Rev. Stat, c.138 . .

and 136. "' ' to satisfy the requirements for registration under The
Land Titles Act or The Registry Act, or any other Act of
the Province affecting the registered title to lands or
goods and chattels, to recite in any instrument executed
by the Synod and dealing with such property- or any
interest therein the title of this Act and the chapter and
statute year in which it was passed.

8. The Synod shall invest at interest all funds held
by it in trust, in securities, in which trustees may invest

Rev stat c trust funds under the provisions of The Trustee Investment
130. Act, and amendments thereto, and in no other securities.

9. The Synod may exercise its powers by or through
such Committees as it may from time to time appoint, and
the Bishop of the Diocese of Algoma or some one
appointed by him shall be Chairman and convener of every
such Committee.

Investment
of funds.

Powers of
Synod to be
exercised
through
committees

Execution of
conveyances,
etc.

10. Every conveyance of real estate or any interest
therein vested in the Synod or any discharge of mortgage
held by it or any deed, document, or paper writing neces-
sary in connection with the due exercise of the powers
herein conferred on Said Synod, shall be deemed to be
duly executed by the Synod, by affixing thereto the seal
thereof and the signature of the Bishop of the Diocese for
the time being, or his Commissary duly appointed, and of
the Secretary or Registrar of the Synod, or in such oi/aer
manner as the Synod may by canon or by-law from time
to time direct.

Synod to have
powers con-
ferred on
Bishop bv
48 V. c. 88.

11. In addition to the powers by this Act conferred, the
Synod shall likewise possess and be entitled to exercise
every power, right or capacity vested in the Bishop of
Algoma under the provisions of the Act passed in the 48th
year of the reign of Her late Majesty Queen Victoria and
chaptered 88.

CHAPTER

1906.

trinity church, Toronto. Chap. 142 925

CHAPTER 142.

An Act respecting" Trinity Church, Toronto.

Assented to 14th May, 1906.

WHEREAS the Rector and Churchwardens of Trinity Preamble.
Church, Toronto, have by their petition set forth
that by an Act passed in the fifty-first year of the reign of
Her late Majesty Queen Victoria, it was enacted that the
lands described in the Preamble of said Act should be vested
in the Rector and Churchwardens of Trinity Church,
Toronto, and their successors in perpetual succession for the
benefit of the congregation of said Trinity Church, subject
to the charge then existing thereon for securing purchase
money due in respect thereof and held by the trustees of
the Toronto General Hospital, and also subject to certain
leases set forth in the schedule to the said Act, and that by
a plan of said lands which had previously been registered
as Plan D 12 certain roadways described therein as
Erin Street and Derby Street were laid out upon said
lands and that the true southerly limit of that part of the
lands intended to be described in the Preamble of said
Act lying to the east of said Erin Street consists of the
southerly limit of Lot 12 shown on said Plan D 12 as occu-
pied for a period of thirty years and upwards, and that the
said roadways described as Erin Street and Derby Street,
except that part of said Derby Street lying to the east of
the easterly limit of said Erin Street and shown as closed
upon the amended plan of said lands registered as Plan

263 E, and also certain parcels of land immediately adjoin- \
ing the said lands of Trinity Church to the south used in
connection with said roadways and leading therefrom in
a southerly direction to Front street and in a westerly
direction to Parliament Street, have for some length of time
been used as thoroughfares, and that the purchase money
above mentioned has been fully paid, and that leases above
mentioned were intended to be described by reference not
to the registered plan mentioned in the Preamble of said
Act but to said Plan D 12, which, however, was not men-
tioned in said "schedule, and that by reason of the said omis-
sion and otherwise the provisions of the said Act are defec-
tive and incorrect, and that subsequently to the passing of

926

Chap. 142.

TRINITY CHURCH, TORONTO. 6 EDW. VII

the said Act Lots 1 and 2 according to said Plan D 12 were
sold and conveyed by the Rector and Churchwardens of said
Church to Jane Wright of Toronto, widow, and Lots 8, 9
and 10 according to said Plan were sold and conveyed by
the Rector and Churchwardens of said Church to Thomas
B. Taylor of Toronto, brewer, but in the case of
each of said sales it does not appear that the require-
ments of The Act respecting the Property of Re-
ligious Institutions regarding sales were fully complied
with, and that subsequently to the passing of said Act all
leasehold interests in Lots Numbers 11 and 12 shown upon
said Plan D 12 have been acquired by said Church and
said Lots Numbers 11 and 12 are now held by the Rector
and Churchwardens of said Church free from any leasehold
interest, and that subsequently to the passing of said Act
certain leases of Lots Numbers 3 and 4 shown upon said
Plan D 12 have been executed by the Rector and Church-
wardens of said Church in renewal of the leases of said
lots set out in the schedule to said Act, and that in pursuance
of resolutions passed at meetings of the vestry of said
Church, held respectively on the 11th day of July, 1904,
and the 31st day of January, 1905, debentures of said
Church, securing in all the sum of $11,500, were issued by
the Churchwardens of said Church under the powers con-
ferred upon them by said Act, and such debentures are now
outstanding, and that the power to sell and the power to
lease provided by said Act are unsatisfactory as applied to
said lands, and that said Act contains no power to erect
buildings upon or otherwise to improve said lands or to take
over buildings at a valuation upon the expiration of any
term of a lease, and that the provision of said Act whereby
the Rector and Churchwardens are authorized to mortgage
said lands and the Churchwardens are also authorized to
issue debentures upon security thereof are complicated and
unsatisfactory, and that said Act contains no express enact-
ment regarding the trusts upon which and the purposes for
which the said lands were thereby vested in the Rector and
Churchwardens of said Church, and that a certain other
property situate in the city of Toronto and certain funds
are now held upon trusts and for purposes connected with
said Church, and it is desirable that the Rector and Church-
wardens should be empowered to take over the same; and
whereas the Rector and Churchwardens of said Church have
by their petition prayed for the passing of the enactments
hereinafter contained ; and whereas it is expedient to grant
the prayer of the said petition;

Therefore His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows :

incorporation J. The Reverend Hillyard Cameron Dixon, Rector, and
churcbwar- Charles Robert Cooper and George Stagg the elder, Church-
Sees, wardens of Trinity Church, Toronto, and their successors

1906.

TRINITY CHURCH, TORONTO. Chap. 142 927

in perpetual succession, are hereby constituted u corpora-
tion under the name of "The Rector and Churchwardens of
Trinity Church, Toronto," hereinafter called "the Corpor-
ation."

2.— (1) It is declared that the lands which by the Act ^ggj IS
passed in the 51st year of the reign of Her late Majesty held;
Queen Victoria and chaptered 90, were vested in the Rector
and Churchwardens of the said Church were so vested upon
the trusts and for the purposes set out in the preamble of
the said Act, and that the said lands, except those parts
thereof which have been sold, and except the parts of said
lands south of the limit defined in subsection 2 hereof, and
those parts mentioned in subsection 3, are now vested in the
Corporation hereby created upon the same trusts and for
the same purposes so far as such trusts and purposes con-
tinue to be applicable to the said Church, subject, however,
to the provisions of subsections 2 and 3 hereof, and also
subject to the leases mentioned in section 9 hereof and to
the debentures mentioned in section 10 hereof.

(2) It is further declared that the true southerly limit of boundary of
that part of the lands intended to be described in the pre- certain lands,
amble of the said Act lying to the east of Erin Street con-
sists of a line commencing at a point in the easterly limit

of Erin Street at a distance of 111 feet and 7 inches measured
along the line of said easterly limit from the northerly
limit of Front street, being the point at which said easterly
limit is intersected by the westerly production of the north-
erly face of certain frame buildings which have for a
period of 30 years and upwards formed the existing south-
erly limit of Lot 12 shown on Registered Plan D 12, and
thence easterly along the said face of the said buildings
and along the line of a fence to and along the northerly
face of an old frame dwelling house now known as city
number 80 Trinity Street, and along the easterly produc-
tion thereof, being along the said existing boundary in all
a distance of 132 feet more or less to the westerly limit of
Trinity Street, being at a point distant 113 feet from the
northerly limit of Front Street measured along the said
westerly limit of Trinity Street.

(3) It is further declared that the roadways shown upon (:ertaid ™ad'd
the plan of said lands registered as Plan D 12 and therein to be public
described as Erin Street and Derby Street, except that part Ms^ys.
of said Derby Street lying to the east of the easterly limit

of said Erin Street and shown as closed upon the amended
plan of the said lands registered as Plan 263 E, notwith-
standing any description of said roadways appearing upon
said Plan 263 E, have become and are public highways,
and it is further declared that those parcels of land now
used in connection with said roadways, being parts of lots
9 and 10 shown on said Plan D 12, and parts of lots 16, 17,

928 Chap. 142. TRINITY CHURCH, TORONTO. 6 Ed\V. VII

18 and 19 shown on registered Plan 122, and part of
the lane shown on said Plan 122, and together de-
scribed as follows : Commencing at the point in the easterly
limit of Parliament Street at which the same is intersected
by the westerly production of the line of the most northerly
face of the brick building now standing at the north-east-
erly corner of Front and Parliament Streets, the said point
being the north-westerly angle of Lot 1 shown upon regis-
tered Plan 122, and being distant 88 feet measured northerly
along the easterly limit of Parliament Street from the north-
erly limit of Front Street, thence north seventy-four degrees
and three minutes east along said production of said line of
the most northerly face of said brick building 170 feet
seven and a half inches, thence north seventy-three degrees
and thirty-two minutes east along a fence and along the
line of the northern face of a building, being the line of
the northerly limits of lots T to 16, inclusive,
shown on the said Plan 122 as the same are now
occupied 220 feet seven and a half inches to the
westerly limit of the continuation of Erin Street as
the same is at present used, thence south thirty-eight degrees
and forty-eight minutes east along said westerly limit of
the continuation of Erin Street ninety-seven feet six and a
half inches to the northerly limit of Front Street, thence
north seventy-four degrees east along the northerly limit
of Front Street twenty-two feet three inches to the easterly
limit of the continuation of Erin Street as the same is at
present used, thence north thirty-seven degrees and
fifteen minutes west along said easterly limit of the contin-
uation of Erin Street, as the same is at present used, 111
feet seven inches to a point in the easterly limit of Erin
Street as shown on said Plan D 12, thence south seventy-
three degrees and thirty-two minutes west on a line parallel
with said line, of the northerly limit of lots shown upon said
Plan 122 as the same are now occupied and distant four-
teen feet measured northerly at right angles therefrom, 271
feet, thence north fifteen degrees forty minutes west parallel
with the easterly limit of Parliament Street four feet, thence
south seventy-four degrees and three minutes west one hun-
dred and forty feet to the easterly limit of Parliament
Street, thence south fifteen degrees and forty minutes east
along the easterly limit of Parliament Street eighteen feet
to the point of commencement, have become and are public
highways, and are as such vested in the Corporation of the
City of Toronto.

3. Section 2 of the said Act is repealed.
4— (1) Sections 3, 4, 5, 6, 7, and 8 of the said Act are
repealed and the following subsections of this section are
substituted therefor,
issue of debcn- (2) It shall be lawful for the Corporation with the con-
$25*000°' sent of the Vestry of the said Church duly given at a meet-
authorized. ing. ca]ie(j for that purpose, from time to time to execute

and

51 V., C. 90, S. 2,
repealed.

51 V., c.90,
ss. 3-8, re-
pealed.

1906.

TRINITY CHU1K II, TORONTO.

Chap/ 142 929

and issue debentures, securing repayment of such sums not
less than $100 each, at such rate of interest, and redeemable
at such times and places as they may determine, and from
time to time to renew the same or issue new debentures in
their place; provided that the total amount of debentures
issued under this Act at any time outstanding shall not
exceed the sum of $25,000 and shall not exceed the sum of
$15,000 without the consent of the Executive Committee
of the Incorporated Synod of the Diocese of Toronto.

(3) The Corporation may from time to time, with the con- pay/nf outaout-
sent of the holders, call in anv outstanding debentures and ^ebentifres.
discharge the same with funds raised by new debentures
issued under this Act, or may substitute therefor such new
debentures as may be agreed upon.

<4) The funds to be raised by the issuing of debentures proceeds™? °f
authorized as aforesaid shall be applied in redeeming out- debentures,
standing debentures and other liabilities of the said church,
and in carrying out the purposes for which the said land*
are held by the Corporation.

^5) A certificate under the seal of the Corporation Debentures to
setting forth the amount for which any debentures shall be upon^anls.
issued under the provisions of this Act and the date of the
resolution of the Vestry of said Church consenting to such
issue shall be registered in the Registry Office for the East-
ern Division of the City of Toronto, and thereupon such
debentures shall, without registration thereof and with-
out any formal conveyance, be taken and considered to be
charges upon all the property of the said church, and the
holder of any such debenture shall be deemed to be a mort-
gagee of the property of the said Church pro rata with the
other holders of such debentures.

(6) The interest payable in respect of such debentures Merest11 °f
shall be the first charge upon the whole revenue of the said.
Church and the Vestry thereof, and it shall be the duty of

the Churchwardens of the said Church out of such revenue
from year to year to pay all interest falling due thereon.

(7) Xo person advancing money upon the security of the aebentureifnot
debentures authorized by this Act to be issued shall be in bound to see:to
any way bound to see to the application of the money so proceeds.011 °f
advanced.

5. Section 9 of the said Act is repealed. 51 v., c. 90, s. 9

repealed .

6. The Corporation shall have power to lease any part Power to iea«e.
of the lands by this Act vested in the Corporation

which it may not be deemed necessary to retain
59 s. for

930 Chap. 142.

TRINITY CHURCH, TORONTO.

6 Edw. VII

for the buildings now used or hereafter to be used
as a church, a schoolhouse and a parsonage, for any term
not exceeding twenty-one years, for such rents, upon such
terms and subject to such conditions as the Corporation
may determine, and shall have power in any such lease
to enter into such agreement as they may see fit regarding
the renewal thereof for a further term or further terms,
each term not exceeding twenty-one years, and regarding
payment of the value of the buildings and other improve-
ments upon the land so demised at the expiration of any
such term instead of renewing such lease, and regarding
the method by which the amount of the rent to be paid
upon such renewal and the value of such buildings and
other improvements shall be determined in case of failure to
agree, and shall have power from time to time to renew any
such lease in pursuance of such agreement. But no part of
the said lands shall be so leased for any term exceeding
or with anj right of renewal extending beyond twenty-
one years without the consent of the Executive Committee
of the Incorporated Synod of the Diocese of Toronto.

improving1^ ^ ■ Corporation shall have power, with the approval

buildings, of the Yestry of the said Church, to erect buildings upon,
to enlarge, improve, alter or rebuild buildings now or here-
after erected upon, and otherwise to improve, the lands by
this Act vested in the Corporation or any part thereof, and
also to purchase buildings erected thereon by any lessee,
or to take over the same at a valuation upon the expiration
of any term vof a lease, and for any such purpose to employ
moneys raised by issuing debentures or by sale of any part
of the said lands or moneys otherwise in their hands as such
Corporation.

faands0coCne-rtain 8. The sale of lots 1 and 2 according to registered
firmed. plan D 12, made by the rector and churchwardens of

the said church to Jane Wright, of Toronto, widow,
and the sale of lots 8, 9, and 10 according to
registered plan D 12, made by the rector and
churchwardens of the said church to Thomas B. Tay-
, lor, of Toronto, brewer, and the conveyances by which the
said lands were respectively conveyed to the said Jane
Wright and the said Thomas B. Taylor, are confirmed, and
the same are hereby declared to have been as valid and
effectual in every respect as if the said sales had been duly
made and the said conveyances had been duly executed
under and in pursuance of the provisions of the said Act
as amended by this Act.

Leases to 9. The lease dated 1st April, 1895, whereby the rector and

and JosephaR. churchwardens of Trinity Church, Toronto, demised lot 3
Leeron<rrmed- according to registered plan D 12 to Francis Beale for the
term of twenty-one years from said date, and the lease
59a s. dated

1906.

TRINITY CHURCH, TORONTO. Chap. 142

931

dated 28th December, 1904, whereby the rector and church-
wardens of Trinity Church, Toronto, demised lot 4 accord-
ing to registered plan D 12 to Joseph R. Lee for the term
of twenty-one years from 1st November, 1903, are con-
firmed and are declared to be valid leases of the lands
therein respectively described.

10. The debentures issued by the churchwardens of the ^|rbe^f"rr|s
said church in pursuance of resolutions passed by the vestry issued con-
of the said church on the 11th day of July, 1904, and the firmed-
31st day of January, 1905, securing in all the sum of
|11,500, are confirmed and are declared to be in all respects
charges upon the property of the said church as valid and
effectual as if the same had been issued by the rector and
churchwardens of the said church under and in pursuance

of the provisions cf the said Act as hereby amended.

11. The Corporation shall have power to take over the corporation
property situate in the City of Toronto now held by the take°overecer?
Right Reverend the Bishop of Toronto for the endowment {f^^y perty
of said Trinity Church, and described as the west half and Bishop.

the north half of the east half of Lot Number 2 on the east
side of Parliament Street in the said City, and the said
Bishop shall have power to convey the said lands to the
Corporation, who shall thereupon hold the same upon the
trusts set out in a conveyance thereof made on the 4th day
of May, 1846, by one Thomas Champion to the then Bishop
of Toronto and his successors, and shall have in respect of
the said lands the powers conferred by section 6 of this W
but the said lands shall not be subject to any existing or
future debentures of the said Church. Upon conveying the
said lands to the Corporation as aforesaid, the said Bishop
shall be deemed to be released and discharged from all lia-
bility in respect of the said lands and in respect of the
future administration of the trusts upon which the said
lands are now held.

12. The Corporation shall have power to take over the corporation
fund, amounting to $2,522.60, now held by the Municipal- ^o^fund
ity of the City of Toronto, being the amount of damages of
arising from the taking of certain lands which had been

held by the Incumbent of the said Church for the endow-
ment of the said Church under section 16 of The Church
Temporalities Act, for the widening of Pape Avenue in the
said City, and now held by the said municipality under
section 444 of The Municipal Act, and the Municipal Cor-
poration of the City of Toronto is hereby authorized and
empowered to transfer and pay over the said fund, together
with three months' interest thereon in advance as agreed,
to the Corporation. The said fund shall be used by the
Corporation exclusively for the purposes for which they are
authorized to borrow money on debentures under the pro-
visions of this Act, and the Incumbent of the said Church

for

932 Chap. 142. TRINITY CHURCH, TORONTO. 6 EDW. VII

for the time being shall be entitled to receive from the
Corporation interest on the said fund at the rate of five per
cent, per annum, payable half yearly, from the date at
which the said fund is paid over to the Corporation, which
said fund of f 2, 522. 60 and interest thereon at the rate
aforesaid shall be a charge upon the property of the Cor-
poration in favour of the said Incumbent for the time
being as valid and effectual as if payable under a debenture
issued under the provisions aforesaid.

Reference to 13 The Eegistrar of Deeds for the Eastern Division of the
marked by City of Toronto, shall forthwith after the passing of this
cenaln^pians. Act mark in red ink upon each of the plans registered in
the registry office for the said division as Plan D 12, Plan
122, nnd Plan 263 E, a reference to this Act; and shall
also with red ink upon said Plan 263 E mark as struck
out the word "private" before the word "roadways" in the
title of said Plan and in the owners' certificate tbereon
endorsed and the word "Lane" after each of the words
"Derby" and "Erin," and for the said word "Lane" shall
in each case substitute the word "Street."

CHAPTER

1906

BURIAL GROUND, PICTON.

Chap. 143 933

CHAPTER 143.

An Act respecting- the Burial Ground of the First
Methodist Church in Picton.

HEREAS the Board of Trustees of the Congregation Preamble.

H of the First Methodist Church in Picton have, by
their petition, represented that the said church is
seized of the following lands, in the Town of Pic-
ton, namely, lots number 908, 909, 910, 911, and
the northeasterly pant of Roblin Street, adjacent to
the northwesterly end of said lots, the northerly
parts of lots numbers 912, 913, 914, 915 and 920, the
westerly part of lot number 1003, and the southeasterly
part of lot number 894, as shewn on a plan of said town
made by R. W. Herman, P.L.S., which s'aid lands are
more particularly described, and may be butted and
bounded as follows, that is to say : Commencing at the
intersection of the southeasterly limit of Mary Street,
where the division line between lot "A" and lot One in the
first concession north of the "Carrying Place" in the Town-
ship of Hallowell, intersects the said southeasterly limit of
Mary Street, thence N 61° E along said Mary Street one
chain six and two-third links to a point sixty-six and five-
sixths links from Bowery Street, thence S 29° E parallel
with Bowery Street one chain thirty-four and two-fifth
links, thence S 22° 41' W parallel with Ferguson Street
twenty-five and two- third links to the said division line
between lot "A" and lot One, thence S 22° 41' W one
chain and sixty-seven links, thence S 61° E nine links,
thence S 22Q 41' W parallel with Ferguson Street four
chains and thirty-four links to the northerly limit of a
lane, thence N 76c 45' W three chains and thirty-five
links to the westerly limit of Roblin Street, thence N 22?
41' E along said limit three chains and thirteen links,
Ihence N 76° 45' W one chain and forty-six links to C. S.
Wilson's lot, thence N 36° E three chains and twelve Jinks
to a post planted, thence southeasterly one chain and fifty
links, more or less, to the aforesaid southeasterly limit of

Assented to 14th May, 1906.

Marv

934 Chap. 143. burial ground, picton. 6 Edw. VII

Mary Street, thence N 61Q E along said limit of Mary
Street to the place of beginning; that the said lands were
for many years used by the said congregation for the pur-
pose of a burial ground, and that for about thirty years
the said lands have not been used as a burial ground, that
the council of the municipal corporation of the Town of
Picton has by by-law prohibited further burials in the said
lands, that a large number of the bodies buried in said
lands have been removed and re-interred in the Glenwood
Cemetery adjoining the Town of Picton, and that from the
location of the said lands in the central part of the Town
of Picton it is desirable, in the interest of the public
health, that the said lands should be closed as a burial
ground, and that the bodies how remaining in said lands
should ,be removed to the Glenwood Cemetery, that
arrangements have been made with The Glenwood Ceme-
tery Company for the re-interment of such bodies in said
cemetery ; and whereas the said Board of Trustees have
prayed that they may be authorized to remove the bodies,
ru'onunienits and erections now remaining in said burial
ground to the Glenwood Cemetery, and that the said
chusc'h .may hold the said lands free and discharged ,of
afeid from all claims and demands of any person or persons
who may have purchased lots for burial purposes in said
lands or their representatives; and whereas it is expedient
to grant the prayer of the said petition;

Therefore His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of On-
tario, enacts as follows: —

relmins'of the 1- The said Board of Trustees are hereby authorized
dead. forthwith, after giving notice as hereinafter mentioned,

at their own expense, to remove from the said burial
ground the remains of the dead therein interred to The
Glenwood Cemetery at the sole cost of the said Trustees,
and to re-inter such remains decently and in order, and
to re-ereat any monuments or headstones erected in the
said old burial ground at the time of such removal, suteh
removals and re-interments to be made so far as reason-
ably may be, with a due regard to the wishes or desires
of the relatives or friends of the said deceased.

Noticeto 2. The said Board of Trustees shall, before removing

the remains as aforesaid, during the period of one month,
publish a notice once in each week in two newspapers pub-
lished in the said Town of Picton, and in The Ontario
Gazette, stating their intention to remove the said remains
upon and after a day to be named in the said notice, which
day shall not be less than six weeks after the first publi-
cation of said notice, and no further or other notice to the
representatives, friends or relatives of the deceased shall
be necessary.

1906.

BURIAL GROUND, PICTON.

Chap. 143

935

3. It shall be the duty of the said Board of Trustees to certificate oi
use due care and diligence to remove the remains of all as'toremavfi
the dead from the said lands, and if it shall be made to of remains,
appear to the County Judge of the County of Prince Ed-
ward for the time being, and if he shall so certify under
his hand, that the remains of all the dead now interred
in said burial ground, so far as the same can be discovered,
have been removed from the said burial ground, then such
certificate shall be registered in the registry office of the
said county on the production thereof to the Registrar,
and the payment to him of one dollar as a fee for such
registration, and thereupon the said lands hereinbefore
described shall be vested in the Jboard of Trustees of the
said Methodist Church, their successors and assigns free
and discharged of and from all claims and demands of any
person or persons who may have purchased lots for burial
purposes in said lands or their representatives, friends or-
relatives.

CHAPTER

936 Chap. 144. FREE HOSPITAL FOE CONSUMPTIVES. 6 EDW. VII

CHAPTEE 144.

An Act respecting- Toronto Free Hospital for Con-
sumptives.

HEREAS the persons hereinafter named have by their

V T petition prayed that they and such other persons as
are associated with them in the establishment of a public
institution, or institutions, in the Province of Ontario for
the isolation, treatment and cure of persons affected with
pulmonary disease, may be incorporated under the name
of "Toronto Free Hospital for Consumptives," for the pur-
poses and with the powers hereinafter set forth; and
whereas it is expedient to grant the prayer of the said peti-
tion;

Therefore His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of Ontario,
enacts as follows :

incorporation. 1. William James Gage, William Andrew Charlton,

Harvey Prentice Dwight, Herbert Carlyle Hammond,
James Loughlin Hughes, Robert Holtby Davies, Ambrose
Kent, and William Lloyd Wood, all of Toronto, together
with such persons as become associated with them as here-
inafter mentioned, are hereby constituted a body politic
and corporate under the name and style of "Toronto Free
Hospital for Consumptives," with power to establish, equip,
maintain and conduct in such place or places within Ontario
as are decided upon as hereinafter mentioned, public insti-
tutions for the isolation, treatment and cure of persons
affected with pulmonary disease, and with power to acquire
by gift, purchase, or otherwise, moneys and property, and
hold for the use of the corporation moneys and personal
property of all kinds, also such real property as may be
necessary for the purposes of the corporation; provided
always that the corporation shall within ten years of its
acquisition of any real estate sell or otherwise dispose of
and alienate so much of such real estate as is not required

Assented to 14th May, 1906.

for

1906.

FREE HOSPITAL FOR CONSUMPTIVES. Chap. 144 937

for the purposes of the corporation; and with power to
from time to time to borrow money upon the credit and for
the purposes of the corporation, and to mortgage, hypo-
thecate, or pledge the property and assets of the corpora-
tion as security for the sums borrowed and interest; and
with all such other powers and rights as are incident to
such undertaking.

2. No parcel of land or interest therein at any time Power as to
acquired by the corporation and not required for its actual gt°lding lan'
use and occupation and not held by way of security or
not situate within the limits or within one mile of the
limits of any city or town in this Province shall be held
by the corporation or by any trustee on its behalf for a
longer period than seven years after the acquisition thereof,
but shall be absolutely sold and disposed of so that the
corporation shall no longer retain any interest therein
unless by way of security. Any such parcel of land or
any interest therein not within the exceptions hereinbe-
fore mentioned held by the corporation for a longer period
than seven jears without being disposed of shall be for-
feited to His Majesty for the use of this Province; pro-
vided, that the Lieutenant-Governor in Council may ex-
tend the said period from time to time no„ exceeding, in
the whole, twelve years; and further provided, that no
such forfeiture shall take effect or be enforced until the
expiration of at least six calendar months after notice in
writing to the corporation of the intention of His Majesty
to claim such forfeiture; and it shall be the duty of the
corporation to give the Lieutenant-Governor in Council,
when required, a full and correct statement of all lands
at the date of such statement held by the corporation
or in trust for the corporation and subject to this section.

3. — (1) The management of the property and affairs of Appointment
the corporation shall be vested^ in eight or more trustees, manage affairs
appointed as hereinafter mentioned, who may make by- °^orporation-
laws for the following purposes: — For the reception, isola- trustees,
tion, treatment, and dismissal of patients in the institutions
hereby authorized, the employment, training and discipline
of medical, surgical and other attendants, nurses and
officials, the attendance upon and visitation of patients by
members of the medical profession or of other scientific or
educational institutions or faculties, and for all other
things pertaining to the management and conduct of the
institutions; for the management of all the properties and
moneys of the corporation, including the investment of
moneys, the variation and calling in of investments and
the re-investment thereof, the expenditure of the proceeds
of investments, and of all other moneys available for the
support and maintenance of the institutions ; for the bor-
rowing from time to time upon the credit and for the pur-

poses

938

Chap. 144. FREE HOSPITAL i'OR CONSUMPTIVES. 6 EDW. VII

poses of the corporation, and to mortgage, hypothecate, or
pledge, the property and assets of the corporation, as secur-
ity for the sums borrowed and interest, but no person
advancing money to said corporation shall be bound to see
to the due application of the same or be answerable for any
misapplication thereof; for the admission of associate mem-
bers of the corporation, and for determining and regulating
the terms of admission of such members; for increasing
the number of trustees to such larger number than eight
as they deem advisable, and for determining and regulat-
ing the qualifications and mode of appointment of addi-
tional trustees, and of trustees to fill vacancies as herein-
after mentioned; for regulating the meetings and proceed-
ings of the trustees and for determining the number of
trustees required to constitute a quorum; and, generally,
for the administration of all the affairs of the corporation;
provided, that nothing herein contained shall permit the
confinement of any person against his will in the insti-
tutions hereby authorized.

(2) In addition to the trustees appointed as hereinbefore
provided, other trustees may be appointed from time to
time for limited terms of service to represent associate
members and to represent municipalities granting financial
assistance to said corporation, and by-laws may be made
from time to time as hereinbefore provided for determin-
ing and regulating the number, qualifications, mode of
appointment, and terms of service of such trustees.

First trustees. 4. The persons named in the first section of this Act
shall be the first trustees of the corporation.

when office of 5. The office of trustee shall ipso facto become vacant
tobeevaeant!ed °y the resignation, death, insanity, or conviction of an

offence against the criminal law of Canada, of any trustee;

and the remaining trustees may forthwith appoint from

among the persons possessing the necessary qualifications a

trustee to fill such vacancy.

Head office. 6. The head office of the corporation shall be at the city •
of Toronto, or at such other place as is from time to time
determined by the trustees.

Plans to be 7. The plans of any hospital or sanitarium hereafter
Prov^sec^yand to be erected, and of any proposed additions or altera-
reportofprov11 ^ons to buildings now in existence, shall be submitted
Bd. of Health.' to the Provincial Secretary, who shall submit the same
to the Provincial Board of Health for report. Upon re-
ceiving the report of the Board of Health the Provincial
Secretary may approve of such plans, subject, however,
to such modifications and alterations as he may think
best.

Appointment
of other
trustees.

1906.

FREE HOSPITAL FOR CONSUMPTIVES. Chap. 144 939

8. Every hospital or sanitarium established under the Regulations
provisions of this Act shall be subject to the regulations 6-$av\c!!cd57,
to be made under Section 11 of An Act respecting Muni- s- n- to apply.
cipal Sanatoria for Consumptives, passed in the 63rd year

of Her late Majesty's reign, chaptered 57.

9. Notwithstanding any provisions of The Consolidated contributions
Municipal Act, 1903, the municipal council of any muni- uiesaumcipa'~
cipality of this Province may from time to time contribute

out of the funds of the municipality to the funds of the
trustees of the Toronto Free Hospital for Consumptives
such amounts as the said council may deem right.
67

CHAPTER

940 Chap. 145. y. u. c. a. of ont. and Quebec. 6 Edw. VII

CHAPTER 145.

An Act to incorporate the " Executive Committee of
the Provincial Young- Men's Christian Associa-
tion of Ontario and Quebec.

Assented to 27th April, 1906.

Preamble.

Incorporation
ancL powers.

\i\/^HEREAS an unincorporated association known as the
** "Provincial Young Men's Christian Association of
Ontario and Quebec" having for its object the giving of
greater permanency and efficiency to the general work of
the Young Men's Christian Associations of Ontario and
Quebec, has existed for some years past; and whereas the
said association carries on its administrative work through
an executive committee; and whereas John Penman, of
Paris, Ontario, and Robert Kilgour, John Ogilvy Ander-
son, John James Gartshore, and Charles Moore Copeland,
all of Toronto, Ontario, officers of the said executive com-
mittee acting on behalf of and by the instruction of the
said committee and with the approval of the said associ-
ation have by petition prayed to be incorporated and that
all buildings, lands and equipment of the incorporated
committee may be exempt from taxation except for local
improvements; and whereas it is expedient to grant the
prayer of the said petition;

Therefore His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. John Penman, Robert Kilgour, John Ogilvy Ander-
son, John James Gartshore, and Charles Moore Copeland,
and such oilier persons as are now members of the Execu-
tive Committee of the Provincial Young Men's Christian
Association of Ontario and Quebec and their successors in
office from time to time duly appointed by the Provincial
Young Men's Christian Association of Ontario and Quebec
in accordance with the constitution and by-laws of that
association as at present in force or hereafter lawfully
amended shall be and they are hereby constituted a body

poli

1906.

y. M. C. A. OF ONT. AND QUEBEC. Chap. 145 941

politic and corporate under the name of the "Executive
Committee of the Provincial Young Men's Christian
Association of Ontario and Quebec" and shall have power
to acquire and hold for its own use or in trust for any
local Young Men's Christian Association, real estate in*
Ontario or any leasehold or other interest therein, pro-
vided the annual value of the real estate so acquired or
held and not actually used for the work of the corporation
or in trust for any one local Young Men's Christian Asso-
ciation does not exceed at any one time $25,000, and the
same or any part thereof to alienate, exchange, mortgage,
lease, or otherwise charge or dispose of as occasion may
require; and shall also have power to acquire any other
real estate or interest therein whether for itself or in trust as
aforesaid (so long as the annual value of the same so acquired
for itself or in trust for any one local association shall not
at any time exceed $10,000) by gift, devise, or bequest if
made at least six months before the death of the party
making the same ; and shall have power to hold such estate
or interest therein for a period of not more than seven
years, and may within that time alienate or dispose of
the same ; and the proceeds of such estate or interest therein
as shall have been so alienated or disposed of shall be in-
vested in public securities, county or other municipal
debentures, or other approved securities for the use of the
said corporation or in trust as aforesaid; and such estate
or interest therein as may not within the said period be
alienated or disposed of may be forfeited to the Crown.

2. The object of the said corporation shall be the giving objects,
of greater permanencv and efficiency to the general work

of the Young Men's Christian Associations of Ontario and
Quebec, and no association hereafter organized shall \ise the
name "Young Men's Christian Association" either by itself
or in conjunction with other words as the name of such
hereafter organized association, except with the permission
of the said corporation.

3. The officers of the said executive committee at the officers,
time of the passing of this Act shall be the officers of the

said corporation and shall retain their respective offices
until others shall be elected in their place.

4. The said corporation shall at all times when required Annual return,
by the Lieutenant-Governor of the Province make an

annual return of all property held by it, with such details
and other information as the Lieutenant-Governor may
require.

5. The funds of the said corporation shall be used for Corporation "
the purposes authorized by this Act, and nothing herein in business of
contained shall authorize the said corporation to engage relf^tate.
in the business of trading in real estate.

942 Chap. 145. y. m. c. a. of ont. and qtjebec. 6 Edw. VII

Personal estate
to be held as
though not
directed to be
laid out in
purchase of
land.

6. Any personal estate by will directed to be laid out
in the purchase of land to or for the benefit o£ the corpor-
ation or in trust for the benefit of any local Young Men's
Christian Association shall, except as hereinafter provided
lie as valid and as capable of being held to or for the benefit
of the corporation or in trust as aforesaid as a bequest of
personal estate would be by a will containing no direction
to lay it out in the purchase of land.

J^geofHigh 7 The High Court, or a Judge thereof sitting in Cham-
sanction reten- bers, if satisfied that land devised by will to or for the

tion or acquisi- 1 r>. » ,1 n ■ , « -j

tionofiand. benetit of tne Corporation or m trust as aforesaid, or pro-
posed to be purchased out of personal estate by will
directed to be laid out in the purchase of land, is required
for actual occupation for the purposes of the Corporation
or for the purposes of a local Young Men's Christian
Association, and not as an investment, may by order sanc-
tion the retention or acquisition, as the case may be, of
such land.

summaV0* in 8- Tlie jurisdiction of the High Court under this Act
manner. is to be exercised by a Judge in Chambers or otherwise,

and may be exercised in a summary manner so as to avoid

all unnecessary expense.

mortVe sell ^' ^e Corporation may from time to time mortgage,
lease, etc. lease, sell or otherwise dispose of the real and personal
property of the Corporation as it may deem proper, and
every deed, mortgage, lease, conveyance or other instru-
ment made by the said Corporation shall be duly executed
by the affixing thereto of the corporate seal of the Corpora-
tion attested by the signatures of the chairman and secre-
tary or by such other officers as may be duly authorized for
the purpose.

from^xation buildings, lands and equipment of the Corpor-

ation whether held for itself or in trust for a local Young
Men's Christian Association, so long as and to the extent
to which they are occupied by and used for the purposes of
the corporation or by the local association for which they
are held in trust as aforesaid, are declared to be exempted
from taxation except for local improvements and school
purposes.

CHAPTEK

1906.

y. m. c. a., collingwood. Chap. 146 943

CHAPTER 146.

An Act respecting the Young Men's Christian
Association of Colling'wood.

HEREAS an Association under the name of the Young Preamble.

* T Men's Christian Association, of Collingwood, has
existed for several years, having for its object the spirit-
ual, mental and physical welfare of the young men of the
Town of Collingwood and surrounding municipalities, and
the promotion of Christian work in that town, and is gov-
erned by a constitution and by-laws which have received
the assent of the members of the said Association ; and
whereas the members of the said Association have, by
petition, prayed to be incorporated, and that the build-
ings, land and equipment of said Association may be
exempted from taxation ; and whereas it is expedient to
grant the prayer of the said petition;

Therefore His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of On-
aiio, enacts as follows: —

1. William Alexander Copeland, William Anderson,
Hamilton, Herbert Yonge Telfer, Frank Cavill, William
Williams, Henry Poehlman, Samuel R. Clemes, Frank
Foster Telfer, Albert Andrew Wilson, Frank E. Courtice,
David Gibson Cooper, Francis William Bryan, Alexander
McNeil McFaul, Arthur Haight Cuttle, and such other
persons as are now or shall hereafter become members of
the said Association, shall be, and they are hereby con-
stituted a body politic and corporate, under the name of
the Young Men's Christian Association, of Collingwood,
and shall have power to acquire and hold real estate in
the Town of Collingwood, or any leasehold or other inter-
est therein, providing the annual value of the real estate
so acquired or held and not actually used for the work of
the said association does not exceed at any one time
$10,000, and the same, or any part thereof, to alienate,
exchange, mortgage, lease or otherwise charge or dispose
of as occasion may require.

Assented to 27th April, 1906.

944

Chap. 146. Y. M. C. A., COLLINGWOOD. 6 Edw. VII

Not to trade in 2. Nothing herein contained shall authorize the said
Corporation to engage in the business of trading in real
estate.

3. The constitution and by-laws of the Association, be-
ing the constitution and by-laws adopted by ihe Associa-
tion prior to its incorporation, and under which the
Association has since been conducted, are and shall con-
tinue to be the constitution and by-laws of the said
Association, but they, or any of them, may be added to,
amended or repealed, and others substituted therefor in the
manner and subject to the conditions and provisions
therein stated.

Membership. 4t The members of the Association shall continue to be
the members thereof, and the officers of the Association
shall continue to hold office in the manner provided by
and subject to the constitution and by-laws of the Asso-
ciation.

Constitution
and by-laws.

Directors. 5. The Corporation may by by-law increase or decrease

the number of directors and provide as to their qualifi-
cations, mode of election, and the time for which they
shall hold office.

^rT* vested m ®' ^e personal property of the Association shall become
corporation . the property of, and is hereby vested in the said Cor-
poration.

Object of
corporation.

7. The object of the said Corporation shall be the spirit-
ual, mental, social and physical improvement o'f young
men, by the maintenance and support of meetings, lec-
tures, reading rooms, library, gymnasiums and such other
means as may from time to time be determined upon.

Technical
education .

8. The said Corporation shall have power to establish a
system of technical education, including such branches
of science and development of such of the industrial arts
as the board of directors of the said Corporation may from
time to time determine.

Exemption of 9. The buildings, lands and equipment of the Young
Men's Christian Association, of Collingwood, so long as
occupied by and used for the purposes of the Association,
are declared to be exempted from taxation, except for local
improvements.

negotiable — ^ Every contract, agreement, engagement or

instruments, bargain made and every bill of exchange drawn or accep-
ted, and every promissory note and cheque made or drawn
on behalf of the said corporation by the President, Vice-
president and Treasurer of the corporation or any two of"

them

1906.

Y. M. C. A., COLLINGWOOD.

Chap. 146

94.")

thein, in general accordance with their powers as such
under the by-laws of the Corporation, shall be binding
upon the Corporation but promissory notes or cheques
payable to the order of the Corporation may be endorsed
by either of these officers) and in no case shall it be neces-
sary to have the seal of the Corporation affixed to any
such contract, agreement, engagement, bargain, bill of
exchange, promissory note or cheque, or to prove that the
same was made, drawn accepted or endorsed as the case
may be, in pursuance of any special by-law or special
vote or order; nor shall the party so acting within his
authority as agent, officer, or servant of the Corporation
be thereby subjected individually to any liability whatso-
ever in respect thereof.

(2) Nothing in this section shall be construed to author-
ize the Corporation to issue any note payable to the
bearer thereof, or any promissory note intended to be cir-
culated as money or as the note of a bank.

60 s.

CHAPTEE

946

Chap. 147.

WILLIAM. J. CHURCH.

6 EDW. VII

CHAPTER 147.

An Act to authorize William J. Church to Practise
as Veterinary Surgeon.

Assented to 14th May, 7906.

preamble. W HERE AS William J. Church, of the Village of
M Arthur, in the County of Wellington, Gentleman,
has, by his petition, represented that he has for twenty
years past in the said Village of Arthur, and in the adja-
cent townships thereto, performed operations and pre-
scribed for and treated diseases of animals in the same
manner as a veterinary surgeon, possessing a diploma from
a veterinary college, would do ; that for six years of the
said period he practised as a veterinary surgeon with his
brother, who is a graduate of the Ontario Veterinary Col-
lege ; that prior to the said period of twenty years, and
when not engaged in his trade and business as a black-
smith, he assisted his father, who at that time practised
as a veterinary surgeon in the said Village of Arthur; that
owing to the experience which the said petitioner has
gained as a result of pratetising with his father and his
brother, as well as, on his own account, he believes that
he has become as proficient and as well qualified to practise
as a veterinary surgeon as one possessing _a diploma or cer-
tificate from a veterinary college; and whereas it has been
made to appear that the said William J. Church is other-
wise a fit and proper person, and has been successful in the
treatment of diseases of animals, and in performing opera-
tions ; and whereas the said petitioner has prayed that an
Act may be passed to authorize and enable him to practise
as a' veterinary surgeon; and whereas no opposition has
been offered to the said petition; and whereas it is exped-
ient to grant the prayer of the said petition ;

Therefore His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the "Province of On-
tario, enacts as follows: —

wniiam j it shall be lawful for the said William J. Church, and

Church author- . n • n j j- ±

ized to practise he is hereby authorized to practise as a veterinary surgeon,

and

1906.

WILLIAM J. CHURCH.

Chap. 147

947

and to use the title of veterinary surgeon or any abbrevia- as a veterinary
tion thereof in the Province of Ontario, and he shall be Surgeo"' eU''
entitled to professional fees in attending any court of law
as a witness in such cases as relate to the said profession
in the same manner and to the same extent as a person
possessing a diploma or proper certificate from any duly
authorized veterinary college within or without this Pro-
vince, as provided by The Act respectin g Veterinary Sur-
geons.

CHAPTER

948

Chap. 148. GEORGE MACGREGOR GARDNER. EDW. VII.

CHAPTER 148.

An Act to authorize the Law Society of Upper
Canada to permit George Macgregor Gardner
to practise as a Barrister.

Preamble.

Law Society
authorized to
admit George
M. Gardner to
pr actise as a
Barrister.

Assented to 27th April, 1906.

HERE AS George Macgregor Gardner, of the City of
» * Toronto, in the County of York, Solicitor, has by his
petition represented that pursuant to the Statute passed
by this Legislature, in the year 1899, chapter 119, he was
on the 13th September, 1899, after passing the examin-
ation prescribed by the Law Society of Upper Canada, and
paying the proper fee in that behalf, admitted by the Law
Society to practise as a Solicitor of the Supreme Court of
Judicature for Ontario, and that he has ever since his
said admission continuously practised as such' solicitor, at
the City of Toronto, and that he is desirous of being
admitted to practise at the bar; and whereas the said
George Macgregor Gardner has petitioned that an Act be
passed to authorize the Law Society of Upper Canada to
admit him to practise at the bar of His Majesty's Courts in
Ontario; and whereas it is expedient to grant the prayer
of the said petition;

Therefore His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of On-
tario, enacts as follows: —

1. It shall and may be lawful for the Law Society of
Upper Canada, at any time hereafter to admit the said
George Macgregor Gardner to practice at the bar of His
Majesty's Courts in Ontario, on his paying the proper fees
in that behalf, and on passing such examination as may
be prescribed by the said Society, and without complying
with any other requirements of the law or any other rules
or regulations of the said Society in that behalf.

CHAPTER

1906.

WILLIAM WALTER POPE.

(hap. 149

949

CHAPTER 149.

An Act to amend the Act to authorize the Supreme
Court of Judicature for Ontario to admit
William Walter Pope to practise in the said
Court as a Solicitor.

HEREAS William Walter Pope, of the City of Belle- p

ville, in the Province of Ontario, has by petition
represented that by an Act passed in the fifty-second year
of the reign of Her late Majesty Queen Victoria, chapter
101, the Supreme Court of Judicature for Ontario was auth-
orized to admit the said Pope to practise as a Solicitor of
the said Court upon his paying the proper fee in that behalf
and passing the final examination for admission prescribed
by the Law Society of Upper Canada without his compli-
ance with any other requirement or provision of the law
or other rules or regulations of the said Law Society in
that behalf; that the said Pope has since the said Act was
passed been continuously engaged in legal business in the
office of the Solicitor for the Grand Trunk Railway Com-
pany of Canada, and the said legal business has been so
important and constant that it has been impossible for
him to attend lectures at the Law School or to present him-
self foT the regular examinations of the said Law Society,
and that he has since the passing of the said Act acquired
such experience and knowledge as should entitle him to be
called to the Bar and to be admitted as a Solicitor of the
said Court; and whereas the said William Walter Pope
has by his said petition prayed that an Act may be passed
to amend the said Act so as to authorize the Law Society
of Upper Canada to admit him to practise as a barrister
and solicitor of the Province of Ontario ; and whereas it is
expedient to grant the prayer of the said petition;

Therefore His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of On-
tario, enacts as follows :

Assented to 27th April, 1906.

950

Chap. 149.

WILLIAM WALTER POPE.

6 EDW. VII

52 v. c. ioi,s.i. J, Section 1 of the said Act passed in the fifty-second
year of the reign of Her late Majesty Queen Victoria,
Chapter 101, is repealed, and the following section substi-
tuted therefor :

authorized Jto Jt sna11 be lawful f°r tlle Law Society of Upper Canada

admH^wmiam a^ any time hereafter to admit the said William Walter
practise asa t0 Pope to practise at the Bar in His Majesty's courts in On-
soiicitor1 a"d tario, and to practise as a Solicitor in the Supreme Court of
Judicature for Ontario on his paying the proper fees in
that behalf and on passing such examination as may be
prescribed by the said society, and without complying with
any other requirements of the law or any other rules or
regulations of the said Society in that behalf.

CHAPTER

1906.

HENHY ERNEST REDMAN.

Chap. 150 951

CHAPTER 150.

An Act to authorize the Law Society of Upper Can-
ada to admit Henry Ernest Redman to practise
as a Barrister and Solicitor.

Assented to 27t]i April, 1906.

WHEEEAS Henry Ernest Redman, of the City of Tor- Preamble,
onto, Gentleman, has by his petition represented
that for nineteen years past he has been continuously en-
gaged as managing clerk in the office of the firm of Mulock,
Tilt, Miller & Crowther and its successors, Barristers and
Solicitors, practising in the City of Toronto, and by virtue
of such position has acquired a general knowledge of the
law as it is administered in the Province of Ontario ; that
during about ten years he had almost entire charge of the
extensive practise of the said firm and its successors in re-
gard to the settling and disposing of the affairs of the es-
tates of deceased persons, including a number of estates of
very large value, and frequently appeared in connection
therewith before the Judges of the Surrogate Court of the
County of York and other Surrogate Courts and in the
Master's Office at Osgoode Hall, and that the work done by
him in settling- and disposing of the affairs of such estates
has included a large amount of conveyancing ; that during
about eight years last past he has also made a study of the
law relating to money by-laws of municipalities in the
Province of Ontario and has investigated the validity of
several hundreds of such by-laws and has drawn many such
bv-laws for various municipalities in the Province of On-
tario ; that during the greater part of the time he has been
in the said office he has been engaged in business of the
nature usually done by solicitors ; that in the year 1903
he was appointed a Notary Public for Ontario and has used
and exercised the powers granted to him by virtue of such
appointment ; that he intended in the year 1887 to adopt
the profession of law, but, for financial reasons which un-
expectedly arose, he found himself for several years unable
to devote the time necessary to atttend the course of lec-
tures which students-at-law are required to attend, and lat-
terly,

952

Chap. 150.

HENRY ERNEST REDMAN.

6 Edw. VII

terly, owing to the constant attention required in the con-
duct of the large amount of business under his charge, he
has been unable to devote the time necesssary to attend
such lectures and therefore did not become articled ; and
whereas it has been shewn that the said Henry Ernest
Redman is otherwise a proper person to be admitted to
practise as a Barrister and Solicitor in the Province of On-
tario; and whereas the said Henry Ernest Redman has pe-
titioned that an Act may be passed to authorize the Law
Society of UoDer Canada to admit him to practise at the
Bar of His Majesty's Courts in Ontario and also to practise
as a Solicitor in the Supreme Court of Judicature ; and
whereas it is expedient to grant the prayer of the said
petition ; '

Therefore His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

Lawsodety 1. It shall and may be lawful for the Law Society of
admit Henry Upper Canada at any time hereafter to admit the said
topmctise^11 Henry Ernest Redman to practise at the Bar of His Ma-
soiicitof and 3es^y's Courts in Ontario and to practise as a Solicitor in
the Supreme Court of Judicature for Ontario on his paying
the proper fees in that behalf and on passing such exam-
ination as may be prescribed by the said "Society and with-
out complying with any other requirements of the law or
any other rules or regulations of the said Society in that
behalf.

1906.

TABLE OF ACTS AFFECTED BY STATUTES OF 1906.

953

TABLE

SHEWING

REVISED STATUTES AND SUBSEQUENT ACTS
AFFECTED BY ACTS OF 6 EDWARD VII.

Act repealed or
amended .

Rev.

Stat.,

7. . .

Rev.

Stat.,

8. . .

Rev.

Stat.,

9. . .

Rev.

Stat . ,

11. .

Rev.

Stat.

12. .

Rev .

Stat . ,

14. .

Rev.

Stat . ,

15..

Rev.

Stat.,

23. .

Rev.

Stat . ,

24. .

Rev.

Stat.

26..

Rev.

Stat.,

28. .

Rev.

Stat.,

36..

Rev.

Stat . ,

43-.

Rev.

Stat.

51. .

Rev.

Stat . ,

55..

Rev.

Stat.

60. .

Rev.

Stat.

62. .

Rev.

Stat.,

68..

Rev.

Stat.

86..

Rev.

Stat.

101.

Rev.

Stat.,

109.

Rev.

Stat.

127.

Rev.

Stat.

135.

Rev.

Stat.

138.

Rev.

Stat.

149.

Rev.

Stat.

162.

Rev.

Stat.

176.

Rev.

Stat.

179.

Rev.

Stat.

185.

Rev-

Stat .

191.

Rev.

Stat.

193.

Rev.

Stat.

199.

Rev.

Stat.

205.

Rev.

Stat.

206.

Rev

Stat.

207.

Rev

Stat.

308

Rev

Stat.

1 c

209.

Rev.

Stat.

1 c

214.

Rev

Stat.

225

Rev

Stat.

226

Subject Matter.

Voters' Lists

Manhood Suffrage Registration
Elections to Legislative Assembly
Controverted Elections
Legislative Assembly
Executive Council
Public Service
Audit of Public Accounts
Succession Duty
Algoma Land Tax
Public Lands
Mines

Agriculture and Arts

Supreme Court of Judicature

County Courts

Division Courts

Arbitrations

Libel and Slander

Police Magistrates

Fees of Officers of Justice. . . .

Unorganized Territory

Devolution of Estates

Quieting Titles

Land Titles

Conditional Sales of Chattels

Marriage

Medicine and Surgery

Pharmacy

Stationary Engineers

Companies ....

Road Companies

Gas and Water Companies . . .

Loan Corporations

Trust Companies

Railways

Street Railways

Electric Hail ways

Conveyances to Trustees of Burying

Grounds

Municipal Institutions in Districts.
Drainage

How affected .

Amended

Repealed

Repealed in part

Amended

Amedded

Amended

Repealed

Amended

Chapter

of 6
Edward

VII.

61 s.

19
6

7, 8, 19
19
19
10
91
19
19
19
10
11

16, 17, 18
19
20
19
19
22
91
19
19, 21
19, 23
19
19
19
19
24
25
26
19, 27
28
29
19
19
30
30
30

33
31

Rev .

954 TABLE OF ACTS AFFECTED BY STATUTES OF 1906. 6 EDW. VII.

Act repealed or
amended.

Eev. Stat., c. 232
Rev. Stat., c. 234
Rev. Stat., c. 235
Rev. Stat., c. 245
Rev. Stat, c. 247
Rev. Stat., c. 248
Rev. Stat., c. 251

Rev. Stat., c. 267
Rev. Stat., c. 277
Rev. Stat., c. 283
Rev. Stat., c. 290
Rev. Stat., c. 300
Rev. Stat., c. 302
Rev. Stat., c. 317

Rev. Stat,, c. 319

61 V., c. 11

62 V. (2), c. 8..
62 V. (2), c. 9..
62 V. (2), c. 10.
62 V. (2), c. 11.

62 V. (2), c. 11.

62 V. (2), c. 22.

62 V. (2), c. 25.

63 V., c. 4..
63 V., c. 6..
63 V., c. 13.
63 V., c. 29.
63 V., c. 30.
63 V'., c. 31.
1 Edw. VII., c. 6
1 Edw. VII., c. 8
1 Edw. VII., c. 16
1 Edw. VII,, c. 22
1 Edw. VII., c. 23

1 Edw. VII., c. 25
1 Edw. VII., c. 32
1 Edw. VII., c. 33
1 Edw. VII., c. 38
1 Edw. VII., c. 39

1 Edw. VII., c. 41 .

2 Edw. VII., c. 9.,

2 Edw. VII., c. 12

2 Edw. VII., c. 17
2 Edw. VII., c. 19
2 Edw. VII., c. 26
2 Edw. VII., c. 27
2 Edw. VII., c. 35

2 Edw. VII., c. 43

3 Edw. VII., c. 2.

61a s.

Subject matter.

Public Libraries «

Municipal Light and Heat

Municipal Waterworks

Liquor Licenses

Minors frequenting Billiard Rooms.

Public Health

Fraud in Manufacturing Cheese and
Butter

Forest Fires

Wasting Natural Gas

Foul Brood among Bees

Wolf Bounty

School of Practical Science

Agricultural College

Lunatic Asylums and Custody of
Insane

Institutions for Deaf and Dumb and
Blind

Mines

Supplementary Revenue

Succession Duty

Mines

Statute Law Amendments (Unor-
ganized Territory)

Statute Law Amendments (Rail-
ways)

Loan Corporations

Electric Railways

Elections to Legislative Assembly. .

Supplementary Revenue

Mines

Railway Aid

Algoma Central Railway Land Grant

Street Railways

Volunteers' Land Grant

Succession Duty

Land Titles

Railway Aid

Manitoulinand North Shore Railway
Land Grant

Street Railways

Improvement of Public Highways .

Toll Roads Expropriation

Education Department

Public Schools

University of Toronto and Univers-
ity College

Temiskaming and Northern Ontario
Railway

Statute Law Amendments (Police
Magistrates)

Statute Law Amendments (Trust
Companies)

Devolution of Estates

Land Titles

Street Railways

Railways, Electric Railways, etc

Toll Roads Expropriation

University of Toronto and Univers-
ity College

Algoma Land Tax

How affected .

Amended

Repealed

Amended

Repealed

Amended

Repealed

Amended

Repealed

Amended

Repealed

Amended

Repealed

Amended

Repealed

Amended

Amended ,

Amended

Repealed

Amended

Repealed

Amended ,

Repealed

Amended

Repealed

Amended

Repealed (except

s.7)

Amended

Chapter

of 6
Edward

VII.

38
39
40
47
19
19

48
49
50
51
19
55
56

57
11
9
19
11

30
19
30

11
19
19
30
13
19
19
19

19
30
43
44
52
53

12, 14

23
19
30
30
44

55
19
3 Edw.

1606.

TABLE OF ACTS AFFECTED BY STATUTES OF 1906.

955

Act repealed or
amended .

3 Edw. VII.,

'27

3 Edw. VLL,

4 Edw. VII.,

4 Law. \ II.,

4 Edw. VII. ,

4 Edw. VII.,

o Edw. VII.,

5 Edw. VII.,

o Edw. VII.,

5 Edw. VII.,

6 Edw. VII.,

Subject Matter.

Statute Lbw Amendments (Algoma
Central Railway Land Grant) .-. .

Street Railways

Municipal Institutions

Drainage

Public Libraries

Motor Vehicles

Crown Lands set apart for University

Supplementary Revenue

Statute Law Amendments (Elections)
Statute Law Amendment!? (Algoma

Land Tax)

Statute Law Amendments (Street

Railways, etc. )

Railway Aid

Aid to Industries at Sault Ste. Marie

Municipal Institutions

Assessment

Boards of Education

University of Toronto and University

College

Executive Council

Succession Duty

Algoma Land Tax

Volunteers' Land Grant

Mines

Temiskaming and Northern Ontario

Statute Law Amendments (Aid to
Central Ontario Railway )

Statute Law Amendments (Sleigh
Runners )

Pharmacy

Municipal Institutions

Improvement of Public Highways

Motor Vehicles

Crown Lands set apart for University

University of Toronto and University
College

Devolution of Estates

How affected .

Amended

Repealed

Amended

19,31,34

35,41,58

Amended

Repealed

Amended

3, 32

Amended

31, 36

Amended

Repealed

Amended

Repealed

Amended

Repealed

Amended

Suspended

INDEX

ACTS OF THE PROVINCE OF ONTARIO

Second Session, Eleventh Legislature,
6 Edward VII., 1906.

ACCIDENTS IN MINING OPERATIONS, page.

rules and regulations for prevention of 86

notice of 94

ADMINISTRATION OF ESTATES,

See Succession Duties 165

Devolution of Estates 184

ADVISORY COUNCIL OF EDUCATION,

how constituted 425

duties and powers of 425

election of members 426

AGRICULTURAL ASSOCIATIONS,

meaning of "association," "minister" .' 146

what bodies included 146

membership 147

constitution and by-laws 147

annual meeting 147

statement to be presented at 147

directors, president, vice-president, officers 147

audit 148

elections, who may vote 148

vacancies in offices 148

directors to continue in office until successors elected 148

meeting of directors 149

security by treasurer 149

duty of board of directors 149

legislative grant, conditions of 149

forfeiture of powers for non-user 150

winter fairs, incorporated 150

admission of other societies '. 150

advisory board for live stock 150

farmers' institutes and Women's institutes 151

AGRICULTURAL AND EXPERIMENTAL UNION,

See Agricultural Associations 146

AGRICULTURAL COLLEGE,

declared to be affiliated with University of Toronto 460

advisory board, appointment of to assist Minister 498

AGRICULTURAL SOCIETIES,

interpretation 128

societies continued 128

[957]

958 INDEX.

AGRICULTURAL SOCIETIES. — Continued. page.

minister to decide questions arising 128

inspection 128

organization 128

limit as to distance from another society 129

organizing within limit, arbitration as to 129

settlement of disputes as to 129

declaration of membership 129

qualification of members 130

firms and companies may be members 130

transmitting declaration to members 130

first meeting 130

quorum 130

election of officers 130

directors 130

honorary directors 130

secretary and treasurer 131

executive committee 131

report of meeting to be sent to department 131

upon receipt of report, organization to be deemed completed.. 131

headquarters of society 131

exhibitions to be held at • 139

changing 139

objects, what to be deemed lawful 132

unauthorized expenditure to forfeit grant 132

annual meetings 132

forfeiture of grant when not held 132

business to be transacted at 133

reports of directors 134

re-organization ._. 133

assets to be delivered to department on dissolution 133

reports of directors to be fyled and sent to department 134

by-laws and regulations 134

special meetings 134

directors' meetings 134

special directors' meetings 142

general corporate powers 134

meetings to consider disposal of property 134,135

acquiring site, arbitration as to price 135

award to be title to property 135

consent of government before arbitration 136

joint ownership of grounds and buildings 136

union societies, how dissolved 136

disposition of assets on dissolution 136

annual returns to department 136

failure to send, forfeits grant 137

provincial grant, right to participate in 137

distribution of 137

horse-racing, prohibited 139

penalty 139

forfeiture of grant for permit 139

exhibitions, where to be held 139

accommodation to be provided 139

withholding prizes when fraud shown 140

keeping the peace at 140

interfering with officers 140

Dowers and duties as to preventing certain shows, etc 140

gambling to be prevented 140, 141

sale of liquor in grounds prohibited 141

powers of dominion and provincial constables 141

seizing and confiscating illegal devices 141

elections, who may vote 141

when votes may not be received 142

vacancies in offices 142

INDEX. 959

AGRICULTURAL SOCIETIES. — Continued. page.

failure to elect 142

special meetings for t 142

security to be given by treasurer 143

duty of board as to 143

liability of board for loss 143

municipal aid to 143

security for loans 143

agreements as to use of buildings 144

special grants from Province to certain exhibitions 144

commencement of act 144

forms 143

AGRICULTURE,

dairy inspectors, appointment of 416

ALBERT COLLEGE,

declared to be affiliated with University of Toronto 460

ALDBOROUGH, TOWNSHIP OF,

by-law 892 guaranteeing debentures of West Lorne confirmed 771

ALGOMA CENTRAL AND HUDSON BAY RAILWAY COMPANY,

renewal of guarantee authorized 10

government may guarantee substitutional loan 11

time for earning land grant 175

agreement for renewal of provincial guarantee confirmed 335

ALGOMA, ELECTORAL DISTRICT OF,

polling places in 163

ALGOMA LAND TAX,

extension of time for redemption 164

ALGOMA, SYNOD OF THE DIOCESE OF,

incorporation 922

ALGONQUIN PARK,

proof of killing by applicant for wolf bounty 174

ALMA COLLEGE,

declared to be affiliated with University of Toronto 460

AMUSEMENTS,

bv-laws for licensing and regulating merry-go-rounds, etc 351

ANDERSON AND MURRAY, MESSRS.,

by-law of Town of Petrolia fixing assessment confirmed 688

ANDREW MERCER EYE AND EAR INFIRMARY,

portion of new General Hospital to be set aside for 509

ANGLO-AMERICAN FIRE INSURANCE COMPANY,

capital stock 850

substitution of new shares for old shares '. 850

rights of creditors and policy holders preserved 851

calls 851

issue of stock at $40 per share authorized 851

shares not to be issued afc less than par 852

ANIMALS,

precautions to be taken to prevent getting on railway 248

penalty and liability for damages 249

running at large near railways 304

ARBITRATIONS,

meaning of "submission," "arbitrator," "arbitration," "court,"

"judge," "rules of court" 167

ASSAYER,

may be appointed as an officer of the Bureau of Mines 39

ASSESSMENT,

by-laws for exemption of railways 268

exemption on income 365

business tax 366

lodges of friendly societies not liable to 366

local telephone systems 366

telegraph and telephone plant of railways 366

special provisions as to Towinhips of York, Scarborough and

Etobicoke 366-367

960

INDEX.

ASSESSMENT — Continued. page.

oil lands 367

pipe line companies 367

companies whose works extend into two or more municipalities... 367

railway property 367

notice of appeal from court of revision 367

collecting arrears after subdivison of land 368

number of lots to be included in one tax deed 368

payment over of countv rates by treasurer of local municipality 368

ASSESSMENT COMMISSIONER,

duties of in towns and cities under 20,000 347

ASYLUMS FOR INSANE,

municipality's credit on account of railway tax to be charged

with contribution to maintenance of patients 21

See Lunatic Asylums 514

ATIKOKAN IRON COMPANY, LIMITED,

substitution of certain sites for those defined by former agreement

with Town of Port Arthur 887

agreements confirmed 888

AUDIT OF PUBLIC ACCOUNTS,

salary of auditor ! 164

payment out of moneys after concurrence by Committee of Supply 164

AUTOMOBILES,

See Motor Vehicles 384

BACKUS, EDWARD WELLINGTON,

modification of terms of certain agreement with Crown 881

BANKS,

Provincial tax on offices and branches 19

BAR TENDERS' LICENSES,

See Liquor Licenses 393

BEATTY (M) AND SONS,

by-law of Town of Welland fixing assessment confirmed 762

BEEKEEPERS,

See Agricultural Associations •- 146

BEES,

suppression of foul brood. See Foul Brood 420

BELLEVILLE INSTITUTION FOR DEAF AND DUMB,

admission and maintenance of pupils 499

BELL TELEPHONE MEMORIAL ASSOCIATION,

incorporation 853

agreements with Citv and Town of Brantford authorized 856

BILLIARD ROOMS,

age at which minors may frequent 173

BIRKBECK LOAN COMPANY OF LONDON, CANADA,

report on liquidation to be filed by liquidator 857

distribution among shareholders 858

directors, etc., not relieved from liability 859

passing accounts of liquidator 859

powers of countv judge 859

BLIND INSTITUTION,

admission to, maintenance of pupils 499

BLIND RIVER, MUNICIPALITY OF 520

dissolution of corporation 525

BLIND RTVER, TOWN OF,

incorporation 520

dissolution of municipality of Blind River 525

school trustees 525

BOAKE MANUFACTURING COMPANY, LIMITED,

by-law of Township of York fixing assessment confirmed 790

BOARDS OF CONTROL,

qualification of members in City of Toronto 347

INDEX.

961

BOARDS OF EDUCATION, page.

when member disqualified from sitting in council 345

how constituted - 456

BONUSES TO MANUFACTURERS,

repeal of power to close up streets and convoy same to manufac-
turers 352

BONUSES TO RAILWAYS,

See Railways 264

BOWMANVILLE, TOWN OF,

By-law No. 618 (exemption of Dominion Organ and Piano Co.),

confirmed 526

BOYS,

employment of in mines 82

BRACEBRIDGE AND TRADING LAKE RAILWAY COMPANY,

time for earning subsidy extended 174

BRAKES.

to be provided by companies operating on highways 292

BRANTFORD, CITY OF,

grant to Bell Telephone Memorial Association authorized 853

agreement as to Telephone Memorial 853

BRANTFORD AND ERIE RAILWAY COMPANY,

time for commencement and completion extended 793

application of Railway Act 793

BRANTFORD INSTITUTION FOR BLIND,

admission and maintenance of pupils 499

BRANTFORD, TOWNSHIP OF,

agreement as to Telephone Memorial authorized 853

"BRETHREN,"

right of evangelist, etc., to perform ceremony of marriage 171

BROCKVILLE, TOWN OF,

authorized to borrow $10,000 to make up deficiency in sinking funds 528

lands held for market site freed from trusts 529

authorized to borrow $14,000 for town hall 529

authorized to borrow $7,000 for fire hall 529

authorized to fix assessment of James Smart Mfg. Co 530

BRUCE MINES AND ALGOMA RAILWAY COMPANY,

time for earning subsidy extended r 174

subsidies granted to 179

BRUCE MINES, TOWN OF,

By-law No. 27 fixing assessment of Copper Mining and Smelting

Co. confirmed 531

BUREAU OF MINES,

See Mines 24

BUILDINGS,

by-laws respecting 348

BUILDING STONE,

land containing may be staked out as mining claim 29

BURIAL GROUND OF THE FIRST METHODIST CHURCH, PICTON,

trustees authorized to remove remains 933

BURIALS,

regulating interments in police villages 348

BURN SIDE LYING-IN HOSPITAL,

building to be erected for, in new General Hospital 508

BURYING GROUND TRUSTEES,

election of when no provision made by deed 336

powers of •■• 337

vacancies 338

BY-LAWS OF MUNICIPAL CORPORATIONS,

See. Municipal Institutions 339

962

INDEX.

CAMPBELLFORD, VILLAGE OF, page.

erected into a town 536

limits of town 537

first election 537

council, how composed 537

CANADA CENTRAL RAILWAY COMPANY,

subsidies granted to 178

CANADA IRON FOUNDRY COMPANY,

City of St. Thomas authorized to exempt 733

CAMPBELLFORD, VILLAGE OF,

maintenance of bridge on Trent River 538

CANADIAN HORSEMEN'S ASSOCIATION,

See Agricultural Associations 146

CANADIAN IMPROVEMENT COMPANY,

agreement with Crown as to partial renewal of guarantee confirmed 335

future renewals authorized 335

agreement for renewal of Provincial guarantee confirmed 335

CANADIAN LYCEUM AND ATHLETIC CLUB,

by-law of City of St. Catharines fixing assessment confirmed 731

CANADIAN NIAGARA POWER COMPANY, -

powers as to expropriation and bond issue 178

CANADIAN NORTHERN COAL AND ORE DOCK COMPANY, LIMITED,

agreements as to works at Port Arthur 887

CANADIAN PACIFIC RAILWAY COMPANY,

City of Toronto authorized to enter into agreement as to Ash-

bridge's Bay siding 747

CANADIAN SAVINGS AND LOAN COMPANY OF LONDON,

amalgamation with Huron and Erie L. & S. Company 867

CANDIES,

by-laws for preventing sale of in certain streets 351

CARROUSELS,

by-laws for licensing and regulating 351

CAVAN, TOWNSHIP OF,

By-law 474 (Drainage of Cavan swamp) validated 541

CATTLE BREEDER'S ASSOCIATION,

See Agricultural Associations 146

CATTLE,

precautions' to be taken to prevent getting on railway 248

penalty and liability for damages 249

running at large near railways 304

CATTLE GUARDS,

maintenance of by railway companies 248

CEMETERIES,

appointment of trustees when no provision made by deed 336

regulating interments in police villages 348

land disposed of by municipality to be part of municipality in

which situate 350

CENTRAL CANADA EXHIBITION ASSOCIATION OF OTTAWA,

special grant in aid of 144

CENTRAL MILLNG COMPANY,

by-law of City of Peterborough fixing assessment confirmed 682

CENTRAL ONTARIO RAILWAY COMPANY,

time for earning subsidies 177

CERTIFICATES OF TITLE,

how to be signed 169

CHATTELS, CONDITIONAL SALES OF,

agreements as to place of trial, effect of 170

CHEESE AND BUTTER MANUFACTORIES,

dairies, cheese factories, creameries, etc., to be kept in clean and

sanitary condition 416

penalty 416

appointment of dairy inspectors 416

INDEX. 963

CHEESE AND BUTTER MANUFACTORIES- Om/t/nW. page.

powers of inspectors 417

report of inspection 417

CHEMISTS,

companies selling drugs, etc 188

requisition for sale of liquor for medical purposes 408

CHURCH, WILLIAM J.,

authorized to practise as a veterinary surgeon 916

CITY GAS COMPANY OF LONDON,

conversion of capital into $100 shares 860

increase of capital stock authorized 861

rights of subscribers for new stock 861

qualification of directors not affected 861

company to be bound by agreement between City Steam Heating

Company and City 861

reduction of price of gas, and meter rents .". 862

bonding powers 863

limit of annual value of land to be held by company 864

CIVIL SERVICE,

payment for special services rendered by officers and clerks 164

CLAY,

lands containing may be staked out as mining claims 29

CLERK OF THE COUNTY COURT,

appointment of on separation of junior county from union 343

CLERK OF THE PEACE,

appointment of on separation of junior county from union 343

CLUBS,

issue of liquor licenses to 410

COBALT LAKE,

confirmation of Order-in-Council withdrawing from exploration... 116
COLLINGWOOD, TOWNSHIP OF,

certain lands formerly vested in, declared to be vested in Town of

Thornbury and agreement with town confirmed 740

COLLINGWOOD YOUNG MEN'S CHRISTIAN ASSOCIATION,

incorporation 943

exemption from taxation 944

COLOUR BLINDNESS,

examination of railway employees for 298

COLUMBIAN METHODIST COLLEGE,

declared to be affiliated with University of Toronto 460

COMPANIES,

conditions on which mining may be carried on 80

eligibility of shareholders for election to Legislative Assembly 164

application of Ontario Companies Act 171

gas and water companies, municipality may guarantee bonds, etc 199

issue of tavern and shop licenses to 396

COMPANIES' PROSPECTUSES,

meaning of "prospectus" 192

application of Act 192

commissions, when lawful 192

brokerage 193

what companies must file prospectuses 193

date of prospectuses 193

to be signed by every director and filed 193

what to be disclosed in 194-195-196

property acquired, meaning of vendor 195

exceptions 196

waiver of compliance with Act, to be void 196

penalty *.. 196

capital to be correctly stated in advertisements, etc 197

penalty 197

CONSOLIDATED REVENUE FUND,

loan of $3,000,000 on credit of, authorized 12

964

INDEX.

CONDITIONAL SALES OF CHATTELS, page.

agreement as to place of trial 170

place of filing agreement for goods other than manufactured

goods 170-171

giving statement of amount due on request 171

CONSTABLES,

to assist and obey Mining Commissioner 35

may be appointed by mining recorder — fees of 40-41

appointment of for exhibitions of Agricultural Societies 140

power to seize gambling devices and improper shows at exhibitions 141

appointment of, for horticultural exhibitions 159

fee-s of when attending the assizes or sessions 168

appointment and powers of on railways 280

passenger conductors to have power and authoritv of 282

CONSUMPTIVES' HOSPITAL, TORONTO,

incorporation 936

CONTROLLERS,

qualification in City of Toronto 347

CONTROVERTED ELECTIONS,

Judges of Exchequer Division to be on rota 163

CONVENIENCES,

to be furnished by street railway companies for employees 292

COPPER MINING AND SMELTING COMPANY OF ONTARIO,

LIMITED . 531

by-law of Town of Bruce Mines fixing assessment confirmed 531

CORONER,

to hold inquest whenever fatality occurs in mine 86

appointment of on separation of junior county from union 343

COUNCILS,

See County Councils 356

Municipal institutions 339

COUNTIES,

separation of junior county from union. See Municipal Institutions 340

COUNTY COUNCILS,

where meetings may be held and offices kept 347

how to be composed hereafter 356

deputy reeves, when to be elected 356

certificate of election t 357

warden, election of, casting vote ■ ■' 357

deputy reeves to be ex officio justices of the peace 360

amendment and repeal of former provisions 358-361

COUNTY COURT CLERK,

to act as clerk at sittings of mining commissioner 34

COUNTY HOUSES OF REFUGE,

borrowing powers of counties as to 173

maintenance of inmates 500

inspection of 501

COUNTY JUDGE,

appointment of on separation of junior county from union 343

COURT HOUSE,

right of mining commissioner to use 34

powers of railway and municipal board as to use of 315

erection of by provisional county council 342

CROSBY, NORTH, TOWNSHIP OF,

authorized with village of Westport to issue debentures to retire

Brockville, Westport and Sault Ste. Marie bonus debentures. 552

CREAMERIES,

See Cheese and Butter Manufactories 416

CROWN LANDS,

See Mines 24

grants to volunteers. See Volunteers Land Grants 118"

CROWN LANDS DEPARTMENT,

name changed to department of lands, forests and mines 22

Deputy Ministers 22

See Mines 25

INDEX.

965

CROWN SUITS,

when mining patent or lease set aside, lands to be withdrawn

from exploration 117

CROWN TIMBER,

appointment of fire rangers on railway construction works 418

DAIRIES,

See Cheese and Butter Manufactories 416

DAIRYMEN'S ASSOCIATIONS,

Sec Agricultural Associations 146

DEAF AND DUMB INSTITUTION,

admission to, maintenance of pupils 499

DENTAL COLLEGE,

declared to be affiliated with University of Toronto 460

DEPARTMENT OF EDUCATION,

See Education Department 423

DEPARTMENT OF LANDS, FORESTS AND MINES,

change of name of department of crown lands 22

Deputy Minister 22

See Mines 25
DEVOLUTION OF ESTATES,

who to be defendants in foreclosure, when no personal representa-
tive of mortgagor 184

real estate not divided between persons beneficiallv entitled within

one year from death 184

powers of executors, etc., as to selling or dividing estate 185

lunatics and non-concurring heirs or devisees 185

real estate of persons dying between 1st July, 1886 and 4th May,

1891 186

above provisions not to come into force until proclamation 168, 186

DIAMOND DRILLS,

withdrawal of mining lands for prospecting by 48

authority for purchase and use of for exploratory purposes 81

DIOCESE, OF ALGOMA, SYNOD OF,

incorporation 922

DIRECTORS OF COMPANIES,

duties and liabilities as to prospectuses, etc 192

DISTRICT CLERK

to act as clerk at sittings of mining commissioner 34

DISTRICTS,

attendance of clerk of the peace at selection of jurors 181

DIVISION COURTS,

tenure of office of clerks and bailiffs 167

agreements as to place of trial, effect of 170

establishment of in new country 345

DOMINION CATTLE BREEDERS' ASSOCIATION,

See Agricultural Associations 146

DOMINION CONSTABLES,

to be admitted to fairs of agricultural societies 141

DOMINION ORGAN AND PIANO COMPANY,

by-law of Town of Bowmanville granting exemption confirmed 526

DOMINION SHEEP BREEDERS' ASSOCIATION,

See Agricultural Associations 146

DOMINION SWINE BREEDERS' ASSOCIATION,

See Agricultural Associations 146

DOWNHAM, P.,

bv-law of City of Peterborough fixing assessment confirmed 682

DRAINAGE.

on or across railway lands 246

petition to be signed by majority of owners in area described 369

accounts of engineer 369

form of by-law 369

referees, appointment and jurisdiction of 369-370

966 INDEX.

DRAINAGE — Continued. page.

shorthand writers 370

drainage viewers, repeal of provisions as to , 370

application of provisions as to repairing upon report 371

certain by-laws heretofore passed confirmed 371

DREDGING LEASES,

for mining purposes 77

DRUGGISTS,

companies selling drugs, etc 188

requisition for sale of liquor for medical purposes 408

DRUNKARDS,

sale of liquor to, notice prohibiting 412

DRUNKENNESS,

penalty for, when employed in operation of railway 306

DUNNVILLE, WELLANDPORT AND BEAMS VILLE ELECTRIC

RAILWAY COMPANY,

incorporation <. 794

DYNAMITE,

rules with respect to storage of, in mines 87-94

carriage of, on railways .* 260

EASTERN ONTARIO POULTRY ASSOCIATION,

-See Agricultural Associations 146

EASTERN ONTARIO LIVE STOCK AND POULTRY SHOW,

application of provisions as to agricultural associations 150

EASTNOR, TOWNSHIP OF,

by-laws 753 (sidewalks in Lion's Head) 754 (Swan Lake drainage),
755 (Fern Creek drainage) and 756 (Judges Creek drainage)

confirmed 555

EAST TORONTO, TOWN OF,

proceedings for construction of sidewalks on Danforth Avenue con-
firmed 570

tax sales confirmed 571

EDUCATION,

boards of education, how constituted 456

admission and maintenance of pupils at institutions for blind and

deaf and dumb 499

public schools. See Public Schools '.. 438

EDUCATION DEPARTMENT,

department to consist of Executive Council or committee thereof... 423

minister, appointment of 423

superintendent of Education, appointment 423

jurisdiction of Department 423

regulations, classification and government of schools 424

text books 424

qualification and duties of inspectors and teachers 424

superannuation and distribution of legislative grant 424

extending certificates 424

affiliating High Schools with Normal Schools 424

accepting examinations of British Normal Schools, etc 424

setting apart Separate Schools for Model School purposes 424

conduct of business of Advisory Council 425

advisory Council, how composed 425

to be a consultative committee 425

powers of 425

disqualification of certain persons 426

meetings, how called 426

qualification of elected members 426

representatives of Universities, teachers and inspectors 426

triennial elections 426

what teachers and inspectors may vote 4;?7

registrar 427

INDEX. 967

EDUCATION DEPARTMENT. — Continued. page.

voters' lists 427

nomination papers 428

election by acclamation 428

procedure at elections 428

number of votes whicb electors may give 428

damaged voting paper 429

mode of election 429

opening and counting votes by scrutineers .. 429

declaration of results 430

equality of votes 430

election by Universities 430

vacancies 430

representatives of trustees, election of > 431

vacating office 432

continuance in office of Educational Council 432

minister, powers and duties of 432

apportionment and distribution of grants 432

submitting questions to High Court 434

settlement of disputes and complaints 434

commissions of enquiry 434

annual report 435

apportionment of grant for 1906 435

superintendent, powers and duties of 435

separate schools, powers of Minister not affected 435

regulations and Orders-in-Council to be laid before Assembly 436

commissions of enquiry, powers of Government as to 436

ELECTIONS,

abolition of numbers on ballots and counterfoils 15

tendered ballots 15

writs, to whom to be addressed 17

refusal or incapacity of returning officer 17

amendments of oaths of voters 18

polling places in Algoma 163

Judges of Exchequer Division to be on rota for trial of election

petitions 163

ELECTIONS TO MUNICIPAL COUNCILS,

See Municipal Institutions 339

ELECTRIC POWER,

See Hydro Electric Power Commission 121

ELECTRIC LIGHT,

provisions applicable to bv-laws relating to 349

ELECTRIC LIGHT COMPANIES,

contracts with Hydro Electric Power Commission for supply of

power 122

powers of municipalities constructing works for distribution of

electrical power transmitted by Commission 123

powers of Railway and Municipal Board with respect to 330

by-laws regulating erection of poles and wires 349

powers of Hydro-Electric Power Commission as to regulating rates 126

ELECTRIC RAILWAYS,

contracts with Hydro-Electric Power Commission 122

constitution, powers and duties of Railway and Municipal Board.

See Railway and Municipal Board 312

Railways 200

ENGINEERS,

See Stationary Engineers 189

ENTOMOLOGICAL SOCIETY OF ONTARIO,

See Agricultural Associations 146

EPILEPTIC HOSPITAL,

designation of 512

objects j 512

inspection 512

officers 512

968

INDEX.

EPILEPTIC HOSPITAL— Continued. page.

rules and regulations 512-513

admission ■. 513

EXCHEQUER DIVISION,

judges to be on rota for trial of election petitions 163

EXECUTIVE COMMITTEE OF YOUNG MEN'S CHRISTIAN ASSO-
CIATION OF ONTARIO AND QUEBEC,

incorporation 940

EXECUTORS AND ADMINISTRATORS,

See Succession Duties _ 165

Devolution of Estates 184

EXEMPTION FROM TAXATION,

by-laws for granting to railways 268

certain by-laws as to manufacturers continued in force 352

EXEMPTION OF WOODLANDS FROM TAXATION.

See Woodlands 378

EXHIBITIONS,

See Agricultural Societies /• 128

Horticultural Societies 159

EXPLOSIVES,

rules with respect to storage of in mines , 87,94

carriage of on railways 260

EXPROPRIATION BY RAILWAYS,

by street railways, when permitted 289

See Railways 200

EXPROPRIATION OF TOLL ROADS,

arbitrations between county and city or town 382

FAIRS,

See Agricultural Societies 1 128

FARM CROSSINGS,

maintenance of by railway companies 247

FARMERS' INSTITUTES,

formation of authorized 151

FEES OF OFFICERS,

constables attending assizes or sessions 168

FENCES,

maintenance of by railway companies 248

FENDERS,

to be provided b- railway companies operating on highways 292

FERRY BOATS, ^

sale of liquor on 393

FINANCE,

loan of $3,000,000 authorized 12

FINCH, VILLAGE OF,

incorporation 5^2

to form part of electoral district of Stormont 574

FIRE,

precautions to be taken by railway company for prevention of 255

suspension of license when tavern destroyed by 410

appointment of fire rangers on railway construction works .418

FIRE ENGINES,

by-laws for purchasing in towns and villages 318

in police villages 354

FIRE LIMITS,

bv-laws respecting ■. 348

FIRST METHODIST CHURCH, PICTON,

trustees authorized to remove remains of the dead from burial

ground 933

FOREST FIRES,

appointment of fire rangers on railway construction work 418

INDEX. 969

FOREST RESERVES, page.

protection of with respect to mining operations 49

FORESTS,

by-laws for exemption of woodlands from taxation 378

FORT FRANCES, TOWN OF,

floating debt consolidated and debentures for $14,000 authorized... 575

FORT WILLIAM, TOWN OF,

By-laws 396 (waterworks), 397 (electric light), and 398 (tele-
phone system), confirmed 559

incorporation of Chamber of Commerce 906

FOUL BROOD AMONG BEES,

appointment of Inspectors of Apiaries 420

duties of inspector as to destruction of hives, etc 420

box hives, inspector may order discontinuance of 421

penalty for disposing of infected bees or appliances 421

selling bees after treatment, or exposing infected appliances 421

obstructing inspector 421

special constables 421

inspector to give notice of requirements of Act 422

person aware of disease to notify inspector .» 422

report to Minister 422

FRAUD,

in sale of liquor by licensees 409

inspection of dairies, cheese factories, etc 416

FREE HOSPITAL FOR CONSUMPTIVES, TORONTO,

incorporation 936

FREE LIBRARIES,

payment of grant authorized with respect to books purchased be-
fore 12th June, 1903 372

FRUIT,

See Horticultural Societies. 152

by-laws for preventing sale of in certain streets 351

FRUIT GROWERS' ASSOCIATION OF ONTARIO,

See Agricultural Associations 146

GALT, TOWN OF,

by-laws 689 (as amended by 825) 746 and 763 sewers and sewer

assessments, confirmed 587

assessment of reservations between roads and lots for sewers 589

laying drains through reservations 589

assessment of corner lots or irregular pieces of land 589

GAMEY, ROBERT ROSWELL,

forfeiture of certain moneys in hands of accountant of Supreme

Court 13

GAOL,

erection of by provisional county council 342

GARDNER, GEORGE MACGREGOR,

law society authorized to admit as a barrister 948

GAS,

plugging abandoned natural gas wells 419

GAS COMPANIES,

powers of municipalities constructing works for distribution of

electrical power transmitted by commission 123

municipalities guaranteeing bonds of 199

GAS WORKS,

protection of pipes from damage by electric railways 285

GENERAL ROAD COMPANIES ACT,

exemption from toll of certain vehicles laden with straw or manure 198
GEOLOGIST,

may be appointed as an officer of the Bureau of Mines 39

62 s.

970 INDEX.

GILLIES LIMIT, page.

authority of crown with respect to mining operations 49

confirmation of order in council withdrawing from exploration 116

GRAND TRUNK PACIFIC RAILWAY COMPANY,

land grant to 176

GRAND TRUNK RAILWAY COMPANY OF CANADA,

City of Toronto authorized to enter into agreement as to Ash-
bridge's Bay siding 747

GUARD WIRES,

to be strung and maintained by electric railways 285

GUELPH, AGRICULTURAL COLLEGE,

declared to be affiliated with University of Toronto 460

advisory council for 460

GUNPOWDER,

rules with respect to storage of in mines' 87, 94

carriage of on railways 260

•

HAMILTON, CALEDONIA AND LAKE ERIE RAILWAY COMPANY,

charter revived and time extended 796

capital stock 797

natural gas 797

not to expropriate except for railway purposes 797

use of right of way for transmission of power 798

by government 798

application of railway act 798

HAMILTON CONSERVATORY OF MUSIC,

declared to be affiliated with University of Toronto . 460

HAMILTON AND GUELPH JUNCTION RAILWAY COMPANY,

incorporation 799

HAWKERS AND PEDLARS,

by-laws for licensing and regulating 351

HEALTH,

polluting water supply, penalty for 173

HIGH COURT OF JUSTICE,

Trial of actions at county court 180

HIGH SCHOOLS,

boards of education, how constituted 456

HIGHWAYS,

exemption from toll of certain vehicles laden with straw or manure 198

construction of railways upon and across. See Railways 200

when owner of adjacent lands entitled to damages for construction

of railway on i 257

by-laws regulating erection of poles and wires on 349

by-laws for removal of trees from streets 350

repeal of power to close up streets and convey same to manufac-
turers 352

enforcing repair of township roads 352

deviations in certain roads 353

toll roads expropriation, arbitration between country and city or

town 382

regulation of motor vehicles. See Motor Vehicles 384

See Local Improvements 353

HIGHWAYS, IMPROVEMENT OF,

extension of time for 'application for aid from Province 380

payments out of appropriation, when to be made 380

work in united counties 381

HORSE BREEDERS' ASSOCIATION,

See Agricultural Associations 146

HORSEMEN'S ASSOCIATION,

See Agricultural Associations 146

HORSE RACING,

prohibited at exhibitions of agricultural societies 139

62a s.

INDEX. 971

HORSES, page.

precautions to be taken to prevent getting on railway 248

penalty and liability for damages 249

running at large near railways 304

HORTICULTURAL SOCIETIES,

interpretation 152

societies continued 152

minister to decide disputes 152

inspection of books and accounts , 152

organization 153

declaration of membership 153

qualification of members 153

firms and companies 153

calling first meeting 153

quorum 154

officers 154

report of first meeting 154

completion of organization on receipt of report of first

meeting 154

objects of societies 154

exhibitions, etc., not to be held in connection with agricul-
tural societies 155 ,

forfeiture of grant for improper expenditure of funds 155

annual meetings, who may vote 155

notice of 155

effect of failure to hold 155

election of officers at 156

dissolution, how caused 155

assets to be handed over to department 156

annual report of directors and statement of accounts 156

to be filed and transmitted to department 156

by-laws and regulations 156

directors, general powers of 156

meetings 157

special meetings 160

union societies, dissolution of 157

annual statement to department 157

penalty for falsifying 1 158

provincial grant, conditions of sharing in 158

amount of. and distribution 158

exhibitions, where to be held 159

fraud in obtaining prizes 159

constables, appointment of 159

interference with 159

elections, who may vote 159

• subscriptions not to be received after poll opens 160

vacancies in office 160

illegal or void elections 160

security to be given by treasurer 160

duty and responsibility of board as to 161

municipal grants in aid of 161

commencement of Act 161

forms >. ; 161

HOSPITAL FOR CONSUMPTIVES, TORONTO,

incorporation 936

HOSPITAL FOR EPILEPTICS.

See Epileptic Hospital "! 512

HOURS OF LABOUR,

on railways, electric railways and street railways 300

HOUSES OF REFUGE,

borrowing powers of counties as to 173

maintenance of inmates who are possessed of property 500

inspection of 501

HUNTSVILLE AND LAKE OF BAYS RAILWAY COMPANY,

portion of line aided 175

972 INDEX.

HURON COLLEGE, . page.

appointment of council and principal : 911

qualification of members of council 914

vacancies in "Peeche Chair", how filled 914

inconsistent enactments repealed 915

changes in constitution of Western University 916

HURON AND. ERIE LOAN AND SAVINGS COMPANY,

agreement for amalgamation with Canadian Savings and Loan

Company confirmed 867

powers and franchises of amalgamated corporation 869

issue of stock by amalgamated corporation confirmed 869

bonus to shareholders of Canadian Savings and Loan Company 869

registration of instruments 870

act not to affect validity of other arrangements 870

HURON, SYNOD OF,

representation on council of Huron College 911

representation on senate of Western University 916

HYDRO-ELECTRIC POWER COMMISSION,

appointment, how constituted 121

chairman, quorum 121

term of office, vacancies 121

salaries 121

appointment of chief engineer, accountant, secretary, etc 121

to furnish estimates to municipal corporations on application 122

crown not liable for errors, etc., in estimates 122

council may submit by-law to electors for making contract with

commission 122

transmitting and delivering power under contract •. 122

contracts with railways and distributing companies 122

application of profits 123

agreements for use of right of way of railway companies 123

powers of municipalities as to works for distributing, etc 123

dealings with companies already established 123

report of commission as to acquiring works, etc 123

government may authorize commission to acquire lands and works 124

plant and property of transmission companies 124

taking power produced by companies '. 125

powers of expropriation 125

cost of works, how borne 125

annual payments to be made by municipalities 125

apportionment of amounts payable * 126

crown authorized to borrow necessary funds 126

account by commission for monies received 126

powers of commission as to hearing and determining complaints as

to rates 126

commission to report on water powers when required 127

action not to be brought against commission without consent of

attorney-general 127

extent of powers of expropriation 127

INCORPORATED SYNOD OF THE DIOCESE OF ALGOMA,

incorporation 922

INCORPORATED SYNOD OF THE DIOCESE OF HURON,

representation on the council of Huron Collesre 911

representation on Senate of Western University 916

INDUSTRIAL EXHIBITION ASSOCIATION OF TORONTO,

special grant in aid of 144

INEBRIATES,

sale of liquor to, notice prohibiting 412

INQUESTS,

to be held bv coroner whenever fatality occurs in mines 86

INSANE ASYLUMS,

municipality's credit on account of railway tax to be charged

with contribution to maintenance of patients 21

INDEX. 973

INSANE PERSONS, CUSTODY OF, page.

See Lunatic Asylums 514

INSPECTION OF LEGAL OFFICES,

inspection of offices at Ocgoode Hall 164

INSPECTION OF RAILWAYS,

See Railways 272

INSPECTOR OF PRISONS AND PUBLIC CHARITIES,

duties as to houses of refuge 501

duties and powers with respect to Hospital for epileptics 512

to make provision for transfer of insane persons to asylums 516

notice to be given to, of application for appointment of committee 517

INSTITUTIONS FOR BLIND AND DEAF AND DUMB,

admission and maintenance of pupils 499

INTOXICATING LIQUORS,

not to be sold to employees of railway companies when in uniform 306

penalties for trespass with respect to railways ._. 307

See Liquor Licenses 390

JAMES SMART MANUFACTURING COMPANY, LIMITED,

Town of Brockville authorized to fix assessment of 530

JUDICATURE ACT,

investment of moneys in court 164

inspection of offices at Osgoode Hall „ 164

JUDICATURE,

trial of high court action in county courts 180

JURORS,

mining commissioner may order issue of facts to be tried 33

selectors in provisional judicial districts 168

attendance of clerk of the peace in districts at selection 181

selection in Parry Sound for 1906 181

KERBY, EDWIN D., ESTATE OF,

sale of certain lands in London and Western Trusts Co., authorized 876
KERR LAKE,

confirmation of Order-in-Council withdrawing from exploration 116
KINGSTON, CITY OF,

term of office of aldermen 599

agreement with Kingston, Portsmouth and Cataraqui Electric Rail-
way Company confirmed 803

KINGSTON, GANANOQUE AND PERTH ELECTRIC RAILWAY
COMPANY,

charter revived and time extended 801

ton miles to be built in two years 802

extension to Arnprior 802

motive power 802

name 802

KINGSTON, PORTSMOUTH AND CATARAQUI ELECTRIC RAILWAY
COMPANY,

agreements with City of Kingston and Village of Portsmouth con-
firmed 803

capital stock, reduction of 803

preference stock 804

bonds 805

KNOX COLLEGE,

declared to be federated with University of Toronto 460

974

INDEX.

LABOUR LAWS, page.

right of miners to lien for wages 82

regulations with respect to working of mines. See Mines 82

provisions applicable to employees of street railways and electric

railways. See Railways 200

powers of Railway and Municipal Board as to arbitration in case

of disputes and mediation in strikes, etc 331

LANDS, FORESTS AND MINES, DEPARTMENT OF 22

change of name of Department 22

Deputy Ministers 22

appointment of fire rangers on railway construction works 418

See Mines 25

LAND TAX IN ALGOMA,

extension of time for redemption 164

LAND TITLES, *

registration of instruments affecting, mining lands after issue of

patent or lease 46

patents of lands in certain districts to be sent to Local Master 169

amount payable into assurance fund 170

Dominion patents 170

LAVATORIES,

to be furnished bv street railway companies for employees 292

LAW SOCIETY OF UPPER CANADA,

representation on Senate of Univel'sity of Toronto 472

authorized to admit G. M. Gardner to the bar 948

authorized to admit H. W. Pope to practise 949

authorized to admit H. E. Redman to practise 951

LEGISLATIVE ASSEMBLY,

forfeiture of certain moneys in hands of Accountant of Supreme

Court 13

eligibility of shareholders in certain companies 164

payment out of moneys after concurrence by Committee of Supply 164

members to be carried free on railways 277

LIBEL AND SLANDER,

"newspaper" meaning of 182

reports of meetings of certain bodies, how far privileged 182

LIBRARIES,

payment of certain moneys to Public Library boards authorized ... 372

limitation of time for claiming moneys 372

LICENSES FOR SALE OF LIQUORS,

See Liquor Licenses 390

LIEN FOR WAGES,

right of workmen in mines 82

on construction of railways 300

LIGHT AND HEAT,

discretion of corporation as to rates chargeable 373

LIME STONE,

lands containing may be staked out as mining claims 29

LINCOLN, COUNTY OF,

authorized to assist City of St. Catharines in construction of high

level bridge 729

LIQUOR LICENSES,

when not to be granted in neighbourhood of mines 84

wages not to be paid to miners near public houses 85

selling to employees of railway companies when in uniform 306

interpretation* 390

when liquor to be deemed intoxicating 391

regulations by order-in-council 391

investigations 392

promulgation of 392

members of municipal councils and wives, etc., of, not to be licensees 392

security by applicant 392

sales on vessels, etc., who to be deemed "occupant" 393

INDEX. §75

LIQUOR LICENSES. — Continued. page.
bar tenders to be licensed to act in cities, towns and judicial dis-
tricts 393

penalty 394

violations of law by licensees 394

^ cancellation of license 394

who may not be licensed 394

form of license, — fee on 394

term of license 394

application of foes 395

endorsement by inspector of another district 395

record of licenses issued 395

license to be produced on request 395

who need not have license 395

temporary employment of unlicensed person 396

firm licenses may be granted to registered partnerships 396

application for 396

liability of individual members 396

effect of changes in firm 396

cancellation 396

companies' licenses, — may be granted to incorporated companies... 397

application for 397

manager to be appointed 397

duties and liability of manager '. 397

liability of company 397

action against company not to affect prosecution of manager 397

revocation and cancellation 397

population, how- determined for purposes of Act 398

duties payable for tavern, shop and wholesale licenses 398

increasing duties by by-law 399

by-laws heretofore passed 399

license fund, what moneys payable into 400

application and distribution of 400

issuing cheques on 400

auditing accounts against 401

prohibited sales, between 7 p.m. on Saturday and 6 a.m. on Mon-
day .- 401

on other days and hours 401

hours for closing 401

polling days 401

bar-rooms to be kept closed during prohibited hours 402

penalties, selling at unlawful times 402

prosecutions, — having bar appliances, — when evidence of unlaw-
ful sale • 403

certificate of analyst as evidence 403

duty of Inspector to prosecute for second offence 403

protection of witness admitting unlawful act 404

canvassing for orders in local option municipalities prohibited... 404

law enforcement, — provincial fund for 404

appointment of officers by councils in local option munici-
palities ■ 405

cancellation of licenses by Board after three convictions in two

years 405

penalty for not cancelling 405

inspector to report convictions to Board 406

minister may cancel licenses in provisional judicial districts... 406

prohibiting granting of license in provisional judicial districts... 406

local option, — by-law to be submitted at municipal election -107

council to submit by-law on petition 407

by-law to be passed if approved of by three-fifths of persons

voting • 407

when by-law may be again submitted 407

repeal of by-law 407

when bv-laws to take effect -tr)^

requisition for medical purposes, particulars to be stated in 408

976

INDEX.

LIQUOR LICENSES.— Continued. page.

penalty for giving or acting on improper requisition 408

to be filed and kept open to inspection 408

fraud in sale of liquor, bottled liquors — how to be kept in taverns 409

use of false labels, etc 409

mixing drugs, high wines, etc 409

penalties 409

taking samples to ascertain that law observed 409

powers of Inspector 409

suspension of license when premises damaged by fire 410

clubs, licenses required for sales in 410

fee on license 410

license not to authorize sale to non-members 410

license not to be granted when sale prohibited by charter ... 410

contracts restricting licensee as to purchasing 410

penalty 411

certain contracts permitted 411

convictions, etc., informalities in 411

powers as to amendment 412

selling to unlicensed person for re-sale 412

wholesale licenses — issue of 412

prohibiting sales to inebriates — who may give notice 412

notice to be given to person named therein 413

proof of service 413

penalty for delivering liquor after notice 413

penalty for permitting person affected to loiter in bar-room 414
penalty for person named, attempting to procure, or loiter-
ing in bar-room 414

number of licenses in certain county towns 414

LIQUORS,

not to be sold to employees of railway companies when in uni-
form 306

penalty for trespass with respect to on railways 307

LIVE STOCK ASSOCIATIONS,

See Agricultural Associations 146

LOAN CORPORATIONS,

agreements for amalgamations, etc 172

right of depositors to inspect books 173

annual statements 173

appeals from convictions — time for 173

LOANS,

Government authorized to borrow $3,000,000 12

LOCAL IMPROVEMENTS,

publication of notice to proceed on initiative 353

sewers, — cost of construction of branch drains 353

provision for construction of without petition or notice 353

permanent sidewalks in townships 354

LOCAL MUNICIPAL TELEPHONE SYSTEMS,

See Telephone Systems 376

LOCAL OPTION,

See Liquor Licenses 405-407

LOCK OUTS,

powers of railway and municipal board as to mediation 331

LONDON, CITY OP,

certain local improvement by-laws confirmed 600

authorized to borrow $6,000 to complete breakwater in London

West 602

debt consolidated and debentures for $2,300,000 authorized 602

limit of borrowing powers 602

authorized to issue debentures to meet city's share of local improve-
ment debt 605

balance of debentures authorized in 1891 not to be Issued 605

See City Gas Company of London 860

authorized to enter into agreement with Western University 916

INDEX. 977

LONDON AND WESTERN TRUSTS COMPANY, LIMITED, page.

authorized to sell certain lands 876

application of proceeds of sales 877

LORD'S DAY,

operation of electric railways on 284

parks of railway companies not to be used for certain purposes 287

LUNATIC ASYLUMS,

municipality's credit on account of railway tax to be charged with

contribution to maintenance of patients 2?

apprehension" of dangerous insane persons 514

issue of warrant 514

apprehension without warrant 515

confinement pending examination 515

medical examiners 515

hearing — what to be ascertained by justice

adjournments 516

Re-examination on disagreement 516

discharge when found not insane 516

certificate of insanity 516

justice^to forward certificates, etc., to Inspector 516

removal to asylum 516

expenses 516

maintenance in asylums 517

notice of applications for appointment of committee 517

forms 517

MACKENZIE, MANN AND COMPANY, LIMITED,

agreements as to iron works at Port Arthur 887

McMASTER UNIVERSITY,

representation on advisory council of education 425

MANHOOD SUFFRAGE REGISTRATION.

amendment of forms of oaths 14

MANITOULIN AND NORTH SHORE RAILWAY COMPANY,

extension of time for earning land grant 175

MANUFACTURERS,

repeal of power to close up streets and convey same to manufac-
turers 352'

MARBLE,

lands containing ma}- be staked out as mining claims 29

MARL,

lands containing may be staked out as mining claim 29

MARRIAGES,

right of ministers of the "Brethren" to perform marriage cere-
mony 171

MEDICAL COLLEGE FOR WOMEN,

declared to be affiliated with University of Toronto 460

MEDICAL PRACTITIONERS,

requisition for sale of liquor for medical purposes 408

MEDICINE AND SURGERY,

examinations of council, places of holding 187

METHODIST BURIAL GROUND, PICTON,

trustees authorized to remove remains 933

MERRY-GO-ROUNDS,

bv-laws for licensing and regulating 351

MIDDLESEX. COUNTY OF,

by-law No. 580 improvement of roads confirmed in part BOO

approval of Government necessary before repeal 609

work in local municipalities to be approved by county commissioner

and Minister of Public Works 609

MIDLAND. TOWN OF,

by-laws 609 and 618 (borrowing for the construction of certain

sewers) and 619 (permanent cement sidewalks) confirmed 614

978 INDEX.

MILK, PAGE.

See Cheese and Butter Manufactories 416

MINERALS,

when railway company not entitled to 254

MINES,

office of Deputy Minister of Mines ._. 22

interpretation 25

"agent" 25

"crown lands" 25

"department" 25

"in place" 26

"inspector" 26

"licensee" J<6

"minister" 26

"machinery" 26

"mine" : 26

"mine," "mining" 26

Vmining division" 27

"mining rights" ... 27

"mining lands" 27

"official," "officer" 27

"owner" 27

"patent" 27

"placer mining claim" '. 27

"prescribed" 27

"shaft" s 28

"plan" 28

"stake," "post" .'. 28

"surface rights" 28

"valuable mineral" : j °

"water power" , 28

application of provisions 28

staking claims on lands containing stone, marble, etc 29

royalties, abandonment of 29

reservation of mines in certain patents abandoned and condi-
tions rescinded 30

sales of lands for other purposes not affected 30

regulation by Lieutenant-Governor in Council 30

effect of disapproval by Legislative Assembly 31

Mining Commissioner 31

appointment, qualification, tenure of office and salary 31

not to practise in mining matters 31

powers and jurisdiction as to unpatented mining lands

proceedings to be styled as being under Act

matters to be promptly proceeded with 32

deciding questions on the ground 33

statement in writing when proceedings in view 33

jury 33

costs • 33

writs of arrest

fine for disobeying orders of 33

powers as official referee : 33

interlocutory applications 33

reference of actions for damages to 34

pleadings, production of documents, etc 34

sittings of Mining Commissioner 34

clerk of County or District Court to act 34

appointment of deputy clerk . 34

use of court house 34

sheriffs, etc., to obey and assist 35

subpoenas 35

witness fees 35

shorthand writer 35

decisions of commissioner and appeals therefrom

decision or report to be stamped 35

INDEX. 97 i)

MINES. — Continued. page.

appeal to Divisional Court 35, 38

notice of filing report or decision «36

record of decision 36

certificate of decision 36

form of decision — writ of judgment thereon 36

procedure before Commissioner 36

application of High Court rules 36

evidence not be filed or notes extended unless required 36

fees to be paid in stamps 37

fees to be payable for each day of trial 37

judges may make rules 37

powers of commissioner as to rules and tariffs of costs 37

scale of costs until other provision made 37

justices of the peace — Mining Commissiner, Inspectors and Re-
corders to be 38

Bureau of Mines and officers 38

Deputy Minister 23, 38

Geologist 39

Assayer 39

Inspector — appointment, powers and duties 39

Mining Recorder — appointment of 40

powers as to settling disputes 40

appointment of constables by : 40

fees of constables 4]

books and maps to be kept 4]

right to inspect — documents in office 41

evidence of records 41

particulars of claims and certificate of record - 41

license to be produced by applicant and record to be endorsed 41

adjudication as to non-compliance with statute 42

decision as to work done in claim 42

record of decisions 42

right of licensee to copy of report on inspection 42

certificate of decision 42

taking evidence — issuing subpoenas 42

witness fees 43

vacancy in office 43

inspector of claims — to verify discovery, etc 43

report of inspection to be recorded 43

certificate of record — effect of 44

extension of time for compliance with working conditions 44

Deputy Minister to act until Recorder appointed 44

appeals from Recorder to Commissioner 44

officers, general power as to appointment 45

not to be interested in Crown lands 45

not compellable to disclose information 45

Mining Divisions — province to be divided into 45

office of Recorder to be place to record claims 45

after patent instruments to be registered in Registry Office ... 46

mistake as to office of record 46

list of lands patented or leased to be furnished to Recorder ... 46

special Mining Divisions 46

licenses 46

no one to explore or mine without license 46

issue of 46

term of .. 47

licenses heretofore issued 47

licensees under 21 years of age 47

to he good throughout the province 47

number and lettering on 47

renewals 47

accidental destruction or loss 48

not more than one to be issued to any person 48

980 INDEX.

MINES. — Continued. page.

clerks and employees of licensee 48

to be produced on demand 48

to date from application 48

Crown lands — withdrawal of, from exploration and sale 48

reopening lands for exploration and sale after withdrawal... 48

Gillies limit 49

lands withdrawn not to be explored or worked 49

exploring, etc., without authority 49

forest reserves 49, 50

claims — what lands may be staked out 50

in unsurveyed territory 50

not to be staked out in town sites or in railway lands 50

area of — in unsurveyed territory 51

in surveyed townships 51

heretofore surveyed in unsurveyed townships 51

irregular lots in surveyed townships 52

discovery of valuable mineral necessary 52

transfers of 52

surface rights, — compensation to owner 53

reduction in area of claim where surface rights have

been sold 53

right of entry on surface rights limited 53

compensation to owner of surface rights to be paid before

record 53

special mining claims,- — area of 54

in unsurveyed territory 55

application of general provisions 55

lands under timber license 55

staking out and holding — where licensees may prospect... 56

where licensee may stake out 57

non-licensed persons 57

mode of staking out 57, 58

blazing line to discovery post 59

limit as to number of claims to be staked 59

licensee to have no rights until claim recorded and certi-
ficate issued 59

working permits — mode of obtaining exclusive right of exploration 59

staking out and marking posts 60

boundary lines 60

trenching 60

area 61

map or plan '61

verifying compliance with conditions 61

certificate of application 61

procuring permit — work at present in progress 62

compensation to owner of surface rights 62

application of general provisions as to claims and working

conditions 62

licensee not entitled to exclusive privileges before permit... 62

notice of application 63

working conditions 63

disputes as to compliance 63

right to renewal on compliance with 64

computing time within which work to be done 64

assignments of 64

limit of number to be held by one licensee 64

water powers, on mining claims 65

recording claims, filing plan, application, etc 65

proof of discovery of valuable mineral 66

notice of trust not to be recorded 66

working conditions 67

who may perform work 67

licensee to make report on oath 67, 68

INDEX. 981

MINES. — Continued. page.

contiguous claims, work may be done on one 68

computation of time 68

abandonment of claims, notice of ..' 68

non-compliance with conditions to be deemed 69

forfeiture of claims, causes of 69

patent, — application for 70

free grants, — to first discoverer in certain cases 70

reservation for roads in certain districts 70

to be stated to be in pursuance of Act 71

price 71

not to be issued for lands in forest reserve 71

pine trees, — rights of timber licensees 71

right to use timber for certain purposes 71

survey before issue of patent 72

may be limited to reduced area of claim 72, 73

prospecting permits, — for oil, gas, coal or salt 73

application for ■ 73-74

form and extent of tract 74

working conditions 74

surface rights, — compensation to owner 75

lease, — issue of on discovery 75

renewal 75

conditions of 75

rights of lessee 75

in unsurveyed territory 76

timber, — preservation of 76

transfer of 76

placer mining, — staking out claims 76

dredging leases 77

mining partnerships 77

how composed 77

must comply with law 77

certificate with particulars to be recorded 78

claims not to be staked, etc., until recorded 78

contracts by recorded agent to be binding 79

revocation of appointment of agent 79

transfer of shares in 79

dissolution of 79

agent to be subject to orders of commissioner and courts ... 80

application of certain provisions of law respecting companies 80

incorporated companies must comply with conditions 80

must be recorded before issue of license 81

letters patent, etc., to be filed 81

exploratory drilling, — purchase of drills for 81

present regulations continued 81

lien for wages 82

proclamation applying Act respecting riots near Public Works in

mining divisions 82

regulations for working mines, — application 82

employment of women, boys, girls 82

hours of employment of boys 83

none but males of twenty years of age to be in charge of en-
gines, etc 83

penalty for illegal employment 84

false representation of age 84

damage not to be caused to other claims 84

liquor licenses, — when not to be issued 84

payment of wages, — in public houses prohibited 85

statistical returns, — what to include 85

penalty for falsifying 85

plans of workings, production and filing 86

accidents, prevention of, — fencing abandoned works 86

coroner, — to hold inquest in case of fatality 86

notice of 94

982

INDEX.

MINES. — Continued. page.

special report of inspector 94

responsibility of contractor 95

general rules, — ventilation and conveniences 87

explosives, — storage and use of 87-94

protection in working places 89

ascending and descending shafts 90

scaling, — escapement shafts, etc 91

signals 92

ladders and platforms 93

dressing rooms 93

machinery and boilers 93

wilful damage '. 93

instructions and rules to be posted up 94

notice of changes in working or officers

offences and penalties,— removing posts, etc 95

fine or imprisonment 95

defacing notices 95

obstructing inspector 95

commissioner, etc., may convict on view 95

unauthorized staking 95

liability of contractor 95

contravening rules 96

employees, — liability of 96

penalty for offences by owner or agent 96

prosecution of owner or agent 96

recovery of penalties 97

prosecutions, — mode of procedure KJI

limitation as to time 97

informations, — form of 97

ore alleged to have been stolen, burden of proof 97

application of fees, fines and penalties 98

repeal of former enactments „ 98

forms , 98

schedule of fees 114

orders in council as to certain lands confirmed 116

leases or patents set aside, — lands to be withdrawn and rights

vested in Crown 117

when minerals not reserved in locations of volunteers land grants 118
powers of Temiska'ming and Northern Ontario Railway as to dis-
posal of 120

regulations as to construction of railway in neighbourhood 253

MINING COMMISSIONER,

See Mines , 24

MINING PARTNERSHIPS,

See Mines 77

MINISTER OF EDUCATION,

See Education Department 423

MINORS,

age at which they mav frequent billiard rooms 173

MORTGAGES,

who to be defendants where no personal representative of deceased

mortgagor 184

MOTORMEN,

regulations respecting. See Railways 200

MOTOR VEHICLES,

what to be deemed 384

registration, permit 384

number of permit to be exposed on vehicle 384

how permit to be affixed and kept 385

alarm bells or horns

lights 385

rate of speed , 385

reckless driving 386

not to be driven for bets 386

INDEX. 9i33

MOTOR VEHICLES-ConJinued. page.

intoxicated person not to drive 386

precautious to be taken to avoid accidents 386

liability for accidents 3 387

rules of the road to apply 387

responsibility of owner 387

to be kept locked when not in use 387

inconsistent provisions in by-laws not to apply 387

revocation of permit 387

copies of Act and list of permits to be furnished to constables 387

onus of proof of proper conduct to be on owner 387

penalties 333

arrests without warrant 388

detaining vehicles when arrest made 389

taking offender before magistrate 389

repeal of former enactments 389

commencement of Act 389

MOUNTAIN, TOWNSHIP OF,

road allowances established on certain concession lines 636

compensation to owners 637

MUNICIPAL DRAINAGE ACT,

See Drainage 369

MUNICIPAL INSTITUTIONS,

transmission of electrical power to municipalities by Commission.

See Hydro Electric Power Commission 121

aid to agricultural societies 143

borrowing powers of counties without assent of electors 173

construction of electric railways and street railways 200

constitution— powers and duties of Railway and Municipal Board.

See Railway and Municipal Board 312

adding territory' to city or town 339

united counties, separation of junior county 340

taking vote on question 340

proclamation constituting provisional council 341

chairman of provisional council 341

county town ._• * 341

provisional warden and officers 342

court house and gaol 342

powers of provisional council 342

adjustment of assets and liabilities 342

appointment of county officers 343

final separation 343

officers — by-laws, etc., continued until changed 343

execution of process 344

division courts 345

changing place of trial in pending actions 345

place for holding courts in junior county 345

school trustees— disqualified from membership in councils of cities,

towns and villages 345

councils — extending term of office to two years 346

poll clerks 346

oaths of voters at elections and on by-laws 346

declaration of qualification 346

use or delivery of election cards in cities of 100,000 347

county and township offices, location of 347

controllers, qualification of in City of Toronto 347

assessment commissioners — duties of in certain cities ana 111 towns 347

limit of general rates 348

regulating walls in buildings % 348

fire limits .,. 348

fire engines and appliances in towns and villages— purchase of ... 348

in police villages 354

electric light, telegraph and telephone poles regulating erection of 349
street railways — gas, electric light and waterworks — by-laws relat-
ing to 349

984 INDEX.

MUNICIPAL INSTITUTIONS. — Continued. page.

trees — removal of, on streets 350

by-laws requiring destruction of tussock moth 350

cemetery lands — when disposed of to be part of municipality in

which situate 350

amusements — licensing and regulating merry-go-rounds, etc 351

hawkers' and pedlars' licenses 351-352

preventing sale of fruit, etc., in certain streets 351

transient traders : 352

repeal of power to 'close up streets and convey same to manufac-
turers, etc 352

exempting manufacturers — by-laws continued 352

travelling expenses — appropriation for 352

township roads — enforcing repair of 352

making deviations in 353

local improvements — publication of notice of intention to proceed

with 353

sewers, cost of construction of branch drains 353

pavements, construction without petition or notice 353

permanent sidewalks in townships 354

police villages, regulating interments in 348

who may petition for establishment of » 354

appointment of secretary 354

fire engines and appliances 354

county councils, how constituted 356

establishment of local telephone systems 376 «

sleigh runners — by-laws as to width of cancelled 383

members of councils and certain relatives not to be liquor licensees 392

houses of refuge, maintenance of inmates 500

inspection of 7. 501

MUNICIPAL LIGHT AND HEAT ACT,

discretion of corporation as to rates 373

MUNICIPAL WATERWORKS ACT,

See Waterworks 374

NAPANEE, TOWN OF,

by-law 718 (establishing electric lighting plant) validated 638

NATURAL GAS,

plugging abandoned wells 419

NEEBING, MUNICIPALITY OF,

assessment rolls, tax sales, etc., confirmed 643

NEWSPAPERS,

when reports of public meetings, etc., to be privileged 182

NIAGARA-ON-THE-LAKE, TOWN OF,

by-law 516 (as amended by 522) to grant free light anfl water and

fix assessment of Niagara Engine Works Co., confirmed 647

term of fixed assessment limited to ten years 648

exemption as to schools and local improvements 648

NITRO GLYCERINE,

carriage of on railways 260

NORTH CROSBY, TOWNSHIP OF,

authorized with Village of Westport to issue debentures to retire

Brockville, Westport and Sault Ste. Marie debentures 552

NORTH MIDLAND P. A 1 v

time for commencement and completion 814

application of Railway Act 814

NORTH TORONTO, TOWN' OF,

authorized to construct electric light and power works 651

tax sales, etc., confirmed 652

NORTHUMBERLAND, COUNTY OF, ~~

joint liability with Town of Campbellford for maintenance of

bridge 539

INDEX. • 985

NORTHUMBERLAND AND DURHAM, UNITED COUNTIES OF,

by-law No. 741 (gaol and house of refuge) confirmed .., 653

NOXIOUS WEEDS,

duty of railway company a» to removal of 255

OATHS OF VOTERS,

at municipal elections and on by-laws amended 346

OLIVER, TOWNSHIP OF,

tax sales confirmed 657

exception as to unpatented lands 658

ONTARIO AGRICULTURAL COLLEGE.

declared to be affiliated with University of Toronto 460

advisory council — appointment of 498

ONTARIO AGRICULTURAL AND EXPERIMENTAL UNION,

See Agricultural Associations 146

ONTARIO BEE-KEEPERS' ASSOCIATION,

See Agricultural Associations 146

ONTARIO COLLEGE OF PHARMACY,

declared to be affiliated with University of Toronto 460

ONTARIO COMPANIES ACT,

application of 171

prospectuses. See Companies 192

ONTARIO CONTROVERTED ELECTIONS ACT,

Judges of Exchequer Division to be on rota 163

ONTARIO EDUCATIONAL ASSOCIATION,

to elect representatives of school trustees on advisory council of

education 431

ONTARIO ELECTION ACT,

polling glaces in Algoma 163

See Elections 15, 17

ONTARIO HORSE BREEDERS' ASSOCIATION,

See Agricultural Associations ... 146

ONTARIO INSTITUTIONS FOR THE BLIND AND DEAF AND DUMB,

admission — and maintenance of pupils 499

ONTARIO LADIES' COLLEGE,

declared to be affiliated with Universitv of Toronto 460

ONTARIO MEDICAL ACT,

places for holding council examinations 187

ONTARIO MEDICAL COLLEGE FOR WOMEN,

declared to be affiliated with Universitv of Toronto 460

ONTARIO AND MINNESOTA POWER COMPANY, LIMITED,

modification of terms of "Backus agreement" 881

regulations as to location of works and supply of power in Ontario 882

certain lands to remain vested in Crown 883

time for erection of certain works 883

ONTARIO PROVINCIAL WINTER FAIR,

application of provisions as to Agricultural Associations 150

ONTARIO PUBLIC SERVICE ACT,

payment for special services rendered bv officers and clerks 164

ONTARIO RAILWAY AND MUNICIPAL BOARD,

fixing standards for local telephone svstems 377

ONTARIO AND SASKATCHEWAN LAND CORPORATION, LIMITED,

directors may accept shares in payment for lands 885

certificates surrendered to be cancelled 885

reduction of ennital on cancellation 886

ONTARIO TRUST COMPANIES ACT,

investment on mortgages of lands in Manitoba, Alberta and

Saskatchewan 175

ONTARIO VEGETABLE GROWERS' ASSOCIATION,

See Agricultural Associations 146

ONTARIO VETERINARY COLLEGE,

declared to be affiliated with University of Toronto 460

63 s.

986 • INDEX.

ONTARIO VOTERS' LISTS ACT, page.
suspension of provisions for preparation of lists in districts 163

ONTARIO WEST SHORE ELECTRIC RAILWAY COMPANY,

time for commencement and completion 815

application of Railway Act ". 815

ORDERS IN COUNCIL,

confirmation of order withdrawing certain lands from mining ex-
ploration and vesting certain lands in T. and N. 0. Ry. Com-
mission 116

OSHAWA, TOWN OF,

by-laws 567 and 610 (sewer and sewer assessments) confirmed 659

issue of debentures confirmed 660

extensions and additions authorized 661

OTTAWA, CITY OF,

authorized to issue debentures for $100,000 for extension of water

works v 671

by-law No. 2,519 regulating building in certain districts confirmed 672

certain local improvement by-laws confirmed 673

authorized to expend $3,000 for receptions 673

council and board of control 673

public library---expenditure for maintenance 674

OTTAWA UNIVERSITY,

representation on advisory council of education 425

PAIPOONGE, MUNICIPALITY OF,

by-law 25 (debentures for $7,000 to pay debts and for road mach-
inery) confirmed 643

PARKS,

powers of electric and street railways as to acquiring 287

PARLOR CARS,

railways making contract for hauling of 262

PARRY SOUND, DISTRICT OF,

selection of jurors for 1906 181

PARTNERSHIPS FOR MINING PURPOSES,

See Mines 77

PARTNERSHIPS,

issue of tavern and shop licenses to 396

PATENTS OF MINING CLAIMS,

See Mines 70

PEAT,

lands containing may be staked out as mining claim 29

PEDLARS,

by-laws for licensing and regulating 351

PEMBROKE RADIAL RAILWAY COMPANY,

incorporation 817

PEMBROKE SOUTHERN RAILWAY COMPANY,

construction of line from Pembroke to Petawawa 819

bonding powers as to extension 820

time for commencement and completion 820

PETERBOROUGH, CITY OF,

authorized to borrow $12,000 for sewer and septic tank in ward 5 fi"9

issue of debentures under by-law No. 1,077 681

drainage works in Ward 5 681

diverting water course in Wards 3 and 4 081

levying general rate for payment of debentures under by-law No.

689 682

by-law No. 1,177 (fixing assessment of P. Downham) confirmed ... 682
by-law No. 1,185 (fixing assessment of Central Milling Company)

confirmed ( 682

by-law 1,148-1,151 (local improvements) and 1,199 (fire hall) con-
firmed 682

INDEX.

987

PETERBOROUGH RADIAL RAILWAY COMPANY, page.

extension to Stoney Lake 821

time for completion rf-. 821

Crown may use right of way for transmission of power 822

PETROLIA, TOWN OF,

by-laws 754 and 769 (local improvements) confirmed 687

by-law No. 755 fixing assessment of Anderson and "Murray con-
firmed 688

PHARMACY,

companies — majority of directors must be registered, etc 188

commencement of Act 188

PICTON FIRST METHODIST CHURCH,

trustees authorized to remove remains from burial ground 933

PICTON, TOWN OF,

by-law No. 544, installing electric street lighting system confirmed 695
PINE,

reservation of in patents of mining lands 71

PLYMOUTH CORDAGE COMPANY,

by-law of Town of Welland in aid of confirmed 765

POLL CLERKS,

appointment of at municipal elections 346

POLICE MAGISTRATES,

amount of salary in City of Toronto 167

POLICE VILLAGES, *

regulating erection of poles and wires in streets of 348

who may petition for establishment of 354

appointment of secretary 354

purchase of fire engines and appliances .' 354

POPE, WILLIAM WALTER,

Law Society, authorized to admit as a barrister and solicitor 949

PORT ARTHUR, TOWN OF,

by-law 796 (amended by 829) sewers, confirmed 699

by-laws 794 (extension of waterworks), 795 (fire hall and equip-
ment), 797 (extension of waterworks' system), 816 (extension of
street railway), 817 (extension of electric light system), and

818 (powers system) confirmed 701

by-law 830 to purchase Strathcona water front property confirmed 701
substitution of certain sites for those defined by agreement be-
tween Atikokan Iron Co. and Town 887

agreements confirmed 888

incorporation of chamber of commerce 906

PORT CREDIT, BRAMPTON AND GUELPH RAILWAY COMPANY,

incorporation 823

PORT ELGIN SPUR- LINE,

incorporation 825

by-law of village of Port Elgin and agreements confirmed 826

PORT ELGIN, VILLAGE OF,

by-law 482 respecting spur line an agreement confirmed 826

PORT HOPE, TOWN OF,

authorized to construct electric light system and borrow $10,000 725

PORTSMOUTH, VILLAGE OF,

agreement with Kingston, Portsmouth and Cataraqui Electric

Railway Company confirmed 803

POULTRY ASSOCIATIONS,

See Agricultural Associations 146

PROSPECTING PERMITS,

See Mines 73

PROSPECTORS,

See Mines 24

PROSPECTUSES OF COMPANIES,

See Companies 192

PROVINCIAL ASSAYER,

may be appointed as an officer of the Bureau of Mines 39

988

INDEX.

PROVINCIAL AUDITOR, page.

salary of 164

PROVINCIAL CONSTABLES,

to be admitted to fairs of Agricultural Societies 141

PROVINCIAL DEBT,

loan of $3,000,000 authorized 12

PROVINCIAL GEOLOGIST,

may be appointed as an officer of the Bureau of Mines 39

PROVINCIAL LONG DISTANCE TELEPHONE COMPANY,

incorporation 894

PROVINCIAL UNIVERSITY,

See University of Toronto 457

PROVINCIAL WINTER FAIR,

application of provisions as to Agricultural Associations 150

PROVISIONAL COUNTIES,

separation of junior county from union. See Municipal Insti-
tutions 340

PROVISIONAL JUDICIAL DISTRICTS,

allowance to District Judges for services rendered under certain

Acts 168

selection of jurors 168, 181

PUBLIC ACCOUNTS,

salary of Provincial Auditor 164

payment out of moneys after concurrence by committee of supply 164
PUBLIC HEALTH,

polluting water supply, — penalty for 173

PUBLIC LIBRARIES ACT,

payments of grant authorized with respect to books purchased be-
fore 12th June, 1903 372

PUBLIC SCHOOLS,

school site, — what included in 438

"secretary," "treasurer," meaning of 438

continuation classes, — grouping schools for 438

qualification of teachers 438

apportionment of grant in united counties 439

instructors in agriculture 439

Boards of Education 439

information to be furnished to inspector annually by township

clerk 439

calling first meeting in new school section 439

term of office of first trustees in new section 439

casting vote of chairman of school meeting 440

entry of resident voters in poll book 440

recording votes at school meetings 440

declaration of farmer's son voting at meeting 440

notice to persons elected to include name and address of chair-
man 440

powers of inspector as to complaints as to elections 440

clerk supplying list of voters 441

secretary-treasurer, — production of moneys and papers by* 441

calling special metings 441

acts of rural school corporation must be concurred in by at least

two trustees 441

auditors in rural school sections 441

selecting new site for rural school 441

arbitration where owner refuses to sell 442

proof of payment before award to constitute title 442 ■

lands which may not be taken without owner's consent 442

school sections and union school sections, — when to be deemed

legally formed 442

when proceedings to be valid, unless substantial injustice

caused 443

jurisdiction of county or district judge 443

appeal to High Court 443

appeals relating to union section lying in more than one

county 443

INDEX. 989

(PUBLIC SCHOOLS. — Continued. page.

trustees in cities and towns, terms of office of first trustees 443

in villages, terms of office of first trustees 444

urban elections, — residence of voters to be entered in poll book... 444
exemption from school rates on account of indigence to disqualify

voter 444

duty of trustees as to maintenance of schools 444

school books and supplies, purchase of 444

powers of urban boards as to acquiring or expropriating land,

arbitration 445

county rates in aid of schools 448

teachers salaries, township grants for 449

amount payable by trustees 449

accepting lower salary, — suspension for 450

in union school sections 450

abatement of amount payable by county and township 450

payments over to treasurers of boards ' 451

apportionment in united counties 451

rates, — council to levy amounts required by trustees 451

debentures, — what to be issued for in townships 451

submission of by-law to ratepayers 451

form and term of, — how payable 451

loans from municipality to school boards 451

teachers, — when to deliver over property to trustees 452

county boards of examiners, — qualification of members 452

inspectors, — appointment of by county councils 452

limit of number of schools for each inspector 452

towns not separated from county 452

number where French or German language prevails 452

appointment of, — for electoral divisions 453

remuneration of, — in counties 453

dismissal of 453

% not to withhold grant where school closed by order of health

officer 453

retirement and superannuation 454

non-resident pupils, — remission of rates in resident section... 454

appeals from division court judges 454

application of penalty for making false declaration as to right

to vote 454

vacating seat as trustee 454

new election, when not necessary 455

publication of advertisements when not to disqualify 455

recovery of lost school moneys from treasurer 455

imprisonment of treasurer refusing to account 455

penalty for trustee or treasurer, etc., refusing information to

auditor 455

inspectors, trustees, teachers, etc., selling school books 455

boards of education, how constituted 456

PUBLIC SCHOOL TRUSTEES,

when disqualified from sitting in council 345

PUBLIC SERVICE,

authority of employment of professors, etc., to investigate mineral

resources 45

payment for special services rendered bv officers and clerks 164

PUBLIC UTILITIES,

powers of Railway and Muncipal Board with respect to 330

QUEEN'S PARK,

to form part of City of Toronto during lease 463

QUEEN'S UNIVERSITY,

representation on Advisory Council of education 425

QUIETING TITLES,

registering certificates of petition 169

signing certificates of title 169

990

INDEX.

RADIAL RAILWAYS, page.

agreements for entrance into cities 297

RAILWAY COMMITTEE OF EXECUTIVE COUNCIL,

abolition of on appointment of Railway and Municipal Board 313

to continue until Board constituted 323

RAILWAY AND MUNICIPAL BOARD,

interpretation 312

application to street railways and public utilities 313

railway committee of executive council abolished 313

appointment and constitution of Board 313

vacancies 313

to have powers of court of record 313

powers of railway committee transferred to 313

vice-chairman 313

quorum 314

appointments pro hac vice 314

members not to hold stock or be directors in certain companies ... 314

members to give whole time to work 314

offices at Toronto 315

sittings 315

court house — use of 315

town hall, use of 315

secretary — appointment and duties of 315

salaries of Board and secretary 316

experts, appointment of 316

officers, clerks, stenographers, etc 316

jurisdiction and general powers 317

complaints against railway companies, etc 317

mandatory orders or injunctions 317

questions of law and fact 318

exclusive jurisdiction 318

Board may act on its own motion or on request of Government 318

regulations as to railway equipment 318

application of general orders 319

power to review, rescind or change orders 319

default in obeying orders work may be done and expense charged

to defaulter 319

application of regulations 319

enforcing orders 320

notices — how to be given 320

duty of company as to notifying employees, etc., of orders 321

sheriffs, etc., to obey and assist Board : 321

practice and procedure before 321

evidence of documents — service of copies 321

certified copies of plans, etc 322

publications of regulations and orders 322

notice of applications * 322

urgent cases proceeding without notice, rehearing 322

railway committee, regulations, etc., to continue until repealed ... 322

existing orders may be made orders of court 323

to have powers of Board until Board constituted 323

making orders of Board, orders of court 323

contingent orders, etc 323

partial or other relief than that asked for may be granted 324

interim ex parte orders 324

extensions of time for compliance with orders 324

rules regulating procedure, etc 324

presumption as to jurisdiction 325

judgments of other courts on facts not binding 325

statement of case for Court of Appeal 325

appeals to Court of Appeal on questions of jurisdiction in law ... 325

security for costs 326

notice of 326

INDEX. 991

RAILWAY AND MUNICIPAL BOARD. — Continued, page.

Court of Appeal to certify opinion to Board 326

Board may be heard by counsel 326

rules as to costs, etc. ft 326

to Privy Council in certain cases 326

Board not liable for costs 326

Government may refer matters to Board for report 326

costs of proceedings 327

expense of work ordered by Board — how borne 327

action by Attorney-General at request of Board 327

penalties — when leave of Board required 327

to be a first charge on railway 327

inquiries ordered by Board 328

witness fees 328

proof of documents ± 328

assessment appeals — jurisdiction as to 329

powers as to additions to municipalities, approval of by-laws, etc. 329

telephone, telegraph and light and power wires 330

legislation — enquiry and report upon 330

annual report : 330

may superintend books of public utility companies 331

labour disputes on railways, etc., arbitration as to, mediation 331

fees and expenses 332

enforcing agreements between municipalities and railways operat-
ing on highways 332

taking control of company's property 333

powers of Board 333

construing agreements 334

pending proceedings 334

commencement of Act 334

fixing standards for local telephone systems 377

RAILWAYS,

provincial tax on mileage of 19

contracts for power with Hydro-Electric Power Commission 122

use of right of way for transmission of power to municipalities 123

interpretation 201-204

application of Act 204

modification by special Act 204-205

offices 205

provisional directors, powers of 205

receiving moneys .• -> 205

changes in board 206

allotment of stock 206

when subscription for stock binding 206

capital — application of proceeds of shares 206

increase of 207

first meeting for election of directors 206. 207

annual and special meetings 208

notice of 208

what business may be transacted 208

voting at — proxies 208

minutes, etc., how proved 209

notices given by secretary 209

directors, election of 209

vacancies 209, 210

qualification 210

term of office 210

president and vice-president 210

absence of — entry in minutes 211

quorum 210

casting vote 210

to be subject to shareholders and by-laws 210

contractors with company not to be 210

by-laws of 211

992 INDEX.

RAILWAYS. — Continued. page.

appointment and retirement of officers by 211

remuneration of 211

acting president 211

accounts to be kept by , 212

calls when to be made — notice of 212

payment of 212

interest chargeable on 212

recovery by action 212

forfeiture of shares for non-payment of 214

shares — transfer of 213

to be personal estate 213

transmission of 213

trusts — company not bound to see to 214

certificate of proprietorship 214

forfeiture of 214

sale of, after forfeiture 214

interest on calls paid in advance 215

liability to creditors until paid up 215

aliens — rights of 216

preference stock — issue of, rights of holders 216

dividends, declaration and division of 217

not to be paid out of capital 217

allowing interest until road open 217

deduction of arrears due from shareholder 217

reserve fund 217

bonds, — issue of, procedure 217, 218

not to be for less than $100 218

mortgages to secure 218

how ranked 219

holders of to be mortgagees .' 219

rights of holders on default, voting at meetings 219, 220

transfer of .' 220

borrowing on notes, etc 220

powers — generally 221, 223

compensation for damages caused by exercise of 223

Crown lands, beaches, shores, etc 223

changing location of line 224

telegraph and telephone lines 224

right to connect other systems with 224

carrying wires across railway 225

traffic, — arrangements with other companies 225

facilities to be afforded by one company to another 226

penalties 226

complaints to be determined by Board 227

amalgamation and running arrangements with other companies... 227

plans and surveys and books of reference 228

certifying plans and books of reference 228

registration 228-230

appeal against proposed location 228

omissions, how remedied 229

contents of certificate 229

alterations from original survey 229

particulars of 230

further plans to be furnished as required by Board 230

evidence of 230

deviations not to be for more than a mile 230

errors in names of persons in book of reference 231

map of completed line to be filed with Board 231

lands, expropriation of • 231

for right of way, for stations, etc 231

who may convey - 231

effect of sale 232

disposition of purchase money 232

INDEX. 993

RAILWAYS. — Continued. . page.

contracts made before deposit of plan 232

agreement for fixed rent when owner cannot convey 232

agreements as to compensation 232

notice of lands required, what sufficient 233

notice to owner, certificate of surveyor 233

arbitration 234-236

abandonment of proceedings 236

appeal to high court 236

taking possession on payment 236

warrant to put company in possession 237

compensation to stand in place of land 237

payment into court, adjudication upon claims 238

when interest to be allowed to, or paid by company 238

gravel, sand, water, etc., required by company 238

switches and sidings to industries 239

purchase of whole lot 240

snow fences, etc 240

using adjacent lands during construction 240

when more ample space required 241

construction and equipment 242

gauge 242

communication with engine driver 242

brakes and couplings 242

freight cars, equipment with ladders, etc 243

draw bars, height of 243

fire, safeguards against 243

modern equipment 243

penalty for non-compliance 243

bells, whistles and gongs 244

conductors and motormen, protection of 244

modification of regulations by Board 244

stopping places 244

open cars, side steps 245

road beds and adjacent lands 245

frogs, packings, etc 245

oil cups on locomotives 246

drainage 246

powers of board 246

construction of works on lands of company under Provin-
cial Acts 247

farm crossings 247

fences, gates ". 248

cattle guards .' 248

bridges, tunnels, etc 249

highway crossings 250-251

crossings and junctions with other lines 252

mines and minerals 253, 254

weeds on company's lands 255

fires, prevention of, and liability for 255

construction of road by sections 256

commencement of construction, when to be allowed 257

highways, construction of line on, when owners of adjacent

lands to be compensated 257

limitation of time for construction 258

steam, use of during construction 258

contracts for construction 258

operation, running trains at regular intervals 259

employees to wear badges 259

fares, expulsion for refusal to pay 259

injury to passenger on platforms, etc 259

passenger cars, freight cars, etc., not to be in rear of 259

checking baggage 259

explosives, etc., transportation of 260

swing bridges 260

994 INDEX.

RAILWAYS. — Continued. page.

highway crossings, precautions to be taken at 261

crossing other lines at rail level 261

moving reversely 262

standing on level crossings 262

sleeping and parlor cars 262

stations for freight and passengers 263

blackboards, showing when trains expected 263

municipal aid to, power to grant 264

submitting bonus by-laws to electors 264

by-law, what to mean 265

petition against aid from county 265

deposit of expenses before by-law submitted 266

council to pass by-law if assented to 266

issuing debentures 266

levying rate on portion of municipality 266

council may extend time for commencement and completion ... 266

limit of aid 267

grants of land 267

trustees of debentures 267

trusts of proceeds of debentures 268

fees of trustees 268

head of municipality to be a director 268

exemption from taxation 268

by-laws, rules and regulations, what may be passed 269

imposing penalty on officials < 269

essentials to validity of 269

subject to approval of Board 269

publication of 270

notice of, to employees affected 270

to be binding when approved 270

summary enforcement of 270

evidence of 270

to be subject to agreements with municipalities 270

appointment powers and duties of inspecting engineers 271

use of telegraph wires 271

proof of authority 271

penalty for obstructing 271

inspection, line not to be opened without leave of Board 272

application for leave to open 272

examination by inspecting engineer 272

report of engineer 272

further inspection 273

leave to carry freight 273

penalty for opening without leave 273

when line or .rolling stock out of repair 273

forbidding running of trains or imposing conditions 274

notice of order of Board to be given to officials 274

how orders of Board to be notified to company 274

not to relieve from liability 274

tolls, by-laws as to 275

must be approved by Board 275

collecting back charges on goods 275

recovery of 276

passenger fares on electric roads 276

members of Legislature and Board to be carried free 277

discrimination 277-278

facilities to be afforded for forwarding traffic from other lines 278

jurisdiction of Board as to discrimination 279

appointment of for carriage by land or water 280

express companies, equal facilities to be granted to 280

what not deemed discrimination 280

constables, appointment of 280

oath 281

powers and duties 281

INDEX. 995

RAILWAYS. — Continued. page.

dismissal 282

record of appointment 282

neglect of duty, penalty for 282

passenger conductors to have powers and protection of 282-283

removal or arrest of passengers 283

street railways and railways on highways, special provisions as to... 283

powers of 284

freight traffic 284

agreements with municipalities as to construction and repair 284

operating on Lord's Day 284

exceptions 285

penalties 285

liability of conductor 285

guard wires 285

protection of pipes, etc., from injury 285

liability for damage 286

forfeiture of franchise for non-user 286

lien of municipality 286

production and use of electricity 287

acquiring power 287

parks 287

acquiring rights to convey electricity 287

construction on highways 288

notice to be given and objections heard before by-law

passed 288

appeal to Board to quash by-law 288

deviating from highway 289

exclusive rights to transmit electricity not to be given ... 289

expropriation by street railways, when allowed 289

duration of franchises of street railways 290

municipality assuming ownership 290

where more than one municipality interested 290

arbitration between municipalities 290

transfer of line from municipality to company 291

municipality when operating to be deemed a company 291

duration of franchise of electric railways on highways 291

powers of municipalities on expiration 291

notice of intention to take over line 291

fenders, brakes, etc 292

lavatories 292

sanitary conveniences on cars 293

unclaimed property 293

transfer of ownership of highways 294

agreements with municipalities 296

what to be deemed contained in 294

radial lines, operating in cities 297

agreements as to 297

limit of franchise 297

renewal of agreements 297

application of provisions, as to street railways 298

existing agreements 298

motormen, examination of 298

examination for colour blindness 298

actions for damages, limitation of 299

agreements with employees waiving right to damages, void 299

defective machinery, not to be used 300

wages, rate of, on subsidized lines 300

lien 'for t 300

hours of labour 301

returns, to be made annually to Board 301

to be submitted to Legislative Assembly 301

of accidents — to be made semi-annuallv 301

form of : 302

to be privileged 302

996 INDEX.

RAILWAYS. — Continued. page.

what may be required by Board 302

powers of Board 303

refusal to make, and making falsely 303

accidents, notice to be given to Board 303

investigation of 304

Board may order dismissal of employee 304

enquiry to be reported to Government 304

animals at large — not to be allowed near lines 304

may be impounded 304

no right of action when killed , 304

offences and penalties 305

purchasing stock in other companies 305

walking on tracks 305

injuring property 305

stealing rides, trespassing 305

use of foot bridges 306

erecting structures, etc., in violation of Act 306

liability of company, directors, etc 306

selling liquors to railway employees on duty 306

employees intoxicated while on duty 306

violations of by-laws 307

damaging freight or property 307

each day's violation a distinct offence 308

act of officer to be act of company 308

punishment not to exempt from forfeiture 308

recovery and ^iyment of penalties 309

transmission of power on right of way 309

use of lines by Government of Canada 309

conveyances of land to company 310

repeal of former Acts 311

forms 311

constitution, powers and duties of Railway and Municipal Board.

See Railway and Municipal Board 312

appointment of fire rangers on construction works 418

Algoma Central and Hudson Bay 10, 175

Bracebridge and Trading Lake Railway Company 174

Bruce Mines and Algoma Railway Company 174, 179

Brantford and Erie 793

Canadian Pacific 747

Canada Central 178

Central Ontario 177

Dunnville, Wellandport and Beamsville Electric 794

Grand Trunk Pacific 176

Grand Trunk Railway Co. of Canada 747

Hamilton, Caledonia and Lake Erie 796

Hamilton and Guelph Junction 799

Huntsville and Lake of Bays 175

Kingston, Gananoque and Perth 801

Kingston, Portsmouth and Cataraqui Electric 803

Manitoulin and North Shore Railway Company 175

North Midland '. 814

Ontario West Shore Electric 815

Pembroke Radial 817

Pembroke Southern 819

Peterborough Radial 821

Port Elgin Spur Line 825

Port Credit, Brampton and Guelph 829

Rondeau, Ridgetown and Wallaceburg 835

St. Catharines, Pelham and Welland Electric 837

Superior and James Bay 841

Temiskaming and Northern Ontario Railway Company 120

Temiskaming and Norhtern Ontario ' 120

Toronto and North Eastern 843

Toronto and York Radial 845

Western Central 848

INDEX. 997

REDMAN, HENRY ERNEST, page.

Law Society authorized to admit as a barrister and solicitor 951

REGISTRAR,

appointment of on separation of junior county from union 343

REGISTRATION OF MANHOOD SUFFRAGE VOTERS,

amendment of forms of oaths 14

REGISTRY LAWS,

registration of instruments affecting mining lands after issue of

patent or lease .. . 46

REVENUE,

See Supplementary Revenue 19

RIOTS NEAR PUBLIC WORKS,

proclamation of Act in mining districts 82

ROAD COMPANIES,

exemption from toll, of vehicles taking straw to town and return-
ing with manure 198

ROADS,

when owner of adjacent lands entitled to damages for construction

of railway on 257

improvement of public highways. See Highways 380

toll roads expropriation — arbitration between county and city or

town 382

regulation of motor vehicles. See Motor Vehicles 384

See Local Improvements 353

ROMAN CATHOLIC EPISCOPAL CORPORATION OF THE DIOCESE
OF SAULT STE. MARIE,

form of conveyance by 177

RONDEAU, RIDGETOWN, WALLACEBURG RAILWAY COMPANY,

incorporation 835

ROYAL COLLEGE OF DENTAL SURGEONS,

declared to be affiiliated with University of Toronto 460

ROYALTIES,

abandonment of with respect to mines 29

ST. CATHARINES, CITY OF,

authorized to issue debentures for $61,319.96 728

to pay guarantee of bonds for St. Catharines and Niagara Central

Railway 729

County of Lincoln authorized to assist in construction of high level

bridge 729

construction of high level bridge 729

sewer rentals 730

by-law 1781, fixing assessment of Y. M. C. A. and Canadian Lyceum

and Athletic Club confirmed 731

ST. CATHARINES, PELHAM AND WELLAND ELECTRIC RAILWAY
COMPANY,

time for commencement and completion 837

application of Railway Act 838

ST. HILDA'S COLLEGE,

declared to be affiliated with University of Toronto 460

ST. MICHAEL'S COLLEGE,

declared to be federated with University of Toronto 460

ST. THOMAS, CITY OF,

consolidation of floating debt at $26,161.16 734

authorized to grant exemption to Canada Iron Foundry Co 734

SAO PAULO TRAMWAY, LIGHT AND POWER COMPANY, LIMITED.

share warrants, issue of 900

SARNIA, TOWN OF,

By-law 640 (debentures for $29,623.92 for concrete sidewalks) con-
firmed ♦ 736

998 INDEX.

SAULT STE. MARIE COMPANIES, page.

renewal of guarantee authorized 10

Government may guarantee substitutional loan 11

agreement for renewal of guarantee 335

SAULT STE. MARIE ROMAN CATHOLIC EPISCOPAL CORPORA-
TION,

form of conveyance by 177

SCHOOL CHILDREN.

rates for, on electric railways 277

SCHOOL LAWS,

Public Schools. See Public Schools 438

Boards of Education, how constituted 456

SCHOOL OF PRACTICAL SCIENCE,

united with University as faculty of applied science and engineering 459

property vested in, transferred to Board of Governors 462

SEPARATE SCHOOL TRUSTEES,

when disqualified from sitting in council 345

SEWERS,

cost of construction of branch drains 353

SHEEP,

running at large near railways 304

SHEEP BREEDERS' ASSOCIATION,

See Agricultural Associations 146

SHERIFF,

to assist and obey Mining Commissioner 35

remuneration for valuation for succession duty purposes 165

to obey and assist Railway and Municipal Board 321

appointment of on separation of junior county from union 343

execution of process by after separation of junior county from union 344

SHOP LICENSES,

See Liquor Licenses 390

SHUNIAH, TOWNSHIP OF,

tax sales confirmed 738

SIDEWALKS,

construction of as local improvement in townships 354

SLEEPING CARS,

railways making contract for hauling of 262

SLEIGH RUNNERS,

repeal of provisions as to regulation of 383

SMART, (JAMES) MANUFACTURING CO.,

Town of Brockville authorized to fix assessment of 530

SOLEMNIZATION OF MARRIAGE,

right of minister of "Brethren" to perform ceremony 171

SOUTH AFRICAN VOLUNTEERS,

See Volunteers' Land Grant 118

SOUTH WESTERN TRACTION COMPANY,

time for completion 839

Crown may use right of way for right of transmission of power ... 840

application of Railway Act 840

SPECIAL MINING DIVISIONS,

authority for setting aside 46

STATIONARY ENGINEERS,

board of examiners, appointment and constitution of 189

secretary of board 189

regulations as to qualification of engineers, fees, etc 189

unqualified persons not to operate steam plant 190

penalty 190

who entitled to register without examination > 190

appeal to Minister of Agriculture ". 190

annual report of board 191

audit of board's accounts 191

certificates to be exposed in engine room 191

what steam plants included .' 191

INDEX. 999

STATUTE LAW AMENDMENTS, page.

voters' lists, suspension of provisions as to unorganized territory... 163

elections, polling places in Algoma 163

controverted elections, judges of Exchequer Division to be on rota 163

Legislative Assembly, eligibility of shareholders in certain companies 164

judicature, investment of monies in Court 164

inspection of offices at Osgoode Hall 164

public service, payment of officers, etc., for special services 164

Algoma land tax, extension of time for redemption 164

audit, salary of auditor 164

payment of items on passing concurrence 164

succession duties, no deduction from value to be made for solicitors'

fees 165

filing inventory of estate 165

where no executor or administrator accountable 165

valuation by sheriff, remuneration therefor 165

duty of surrogate registrar as to fixing values and duties payable ... 165

appeals as to valuation by sheriff or assessment by registrar ... 166

rate of interest on duty 166

fees of solicitors 167

Division Courts, tenure of office of clerks and bailiffs 167

arbitration, interpretation "submission." "arbitrator," "court,"

"judge" "rules of court" 167

police magistrates, in cities of 200,000 or over, appointment and

salaries 167

not to practise law or be directors of companies 168

constables, fees attending assizes or sessions 168

district court judges, allowance for service under certain Acts 168

unorganized territory, selection of jurors in 168

devolution of estates, Act passed at present session to come into

force on proclamation 168

quieting titles, registering certificate of petition 169

certificates of title, how signed 169

land titles, letters patent granting lands in certain districts to

be sent to local master 169

amount payable into assurance fund 170

Dominion patents 170

conditional sales of chattels — agreements as to place of trial 170

place of filing of agreements, etc., for goods other than manu-
factured goods 170-171

giving statement of amount due on request 171

breach of condition, cost of keeping possession 171

marriage, right of ministers, etc., of the "Brethren" to perform

ceremony 171

companies, application of general Act 171

loan corporations, agreements for amalgamation, etc 172

right of depositors to inspect books 173

annual statement 173

appeals from convictions, time for 173

houses of refuge, borrowing powers of counties 173

minors frequenting; billiard rooms, age of 173

public health, polluting water supply 173

wolves, destruction of, evidence of killing 174

Sturgeon Point, Village of, not to be represented in county council 174
Bruce Mines and Algoma Railway, time for earning subsidy ex-
tended 174

Bracebridsre and Trading Lake Railway, time for earning subsidy

extended 174

Manitoulin and North Shore Railway, time for earning land grant

extended 1 75

Algoma Central Railway, time for earning land grant 175

trust companies, investment of funds 175

Hnntsville and Lake of Bays Railway, portion of line aided 175

Grand Trunk Pacific Ralway, land grant 176

1000 INDEX.

STATUTE LAW AMENDMENTS. — Continued. page.
Middlesex, County of, road by-law declared to be within Act for

improvement of highways 176

Central Ontario Railway, time for earning subsidy 177

Roman Catholic Episcopal Corporation of Sault Ste. Marie, form of

conveyance 177

Canadian Niagara Power Company, powers as to expropriation,

and bond issue 178

Canada Central Railway, aid to 178

Bruce Mines and Algoma Railway, aid to 179

STEAMBOATS,

sale of liquor on 393

STREET RAILWAYS,

Provincial tax on mileage outside of city 20

constitution, powers and duties of Railway and Municipal Board.

See Railway and Municipal Board 312

provisions applicable to by-laws relating to 349

See Railways 201

STRIKES,

powers of Railway and Municipal Board as to mediation 331

STURGEON POINT, VILLAGE OF,

not to be represented in county council of Victoria 174

SUCCESSION DUTIES,

- no deduction from valuation to be made for solicitors' fees 165

filing inventory 165

when there is no executor or administrator accountable 165

valuation by sheriff, remuneration therefor 165

appeal from report of sheriff 166

rate of interest on duties 166

fees of solicitors 166

SUNDAY,

parks of railway companies not to be used for certain purposes 287

operation of electric railways on „ 384

SUPERIOR AND JAMES BAY RAILWAY COMPANY,

charter revived and time extended 841

application of Railway Act 842

SUPPLEMENTARY REVENUE,

banks, tax on offices and branches 19

railways, tax on mileage 19

application of portion of taxes to municipalities 20

municipalities to be debited with cost of maintenance of patients

in asylums 21

street railways, tax on mileage outside of cities 20

SUPPLIES,

for Civil Government for 1906 1

further appropriation 6

SUPERINTENDENT OF EDUCATION,

See Education Department . 423

SUPREME COURT OF JUDICATURE,

judges may make rules with respect to proceedings before Mining

Commissioner 37

investment of funds in court 164

inspection of offices of 164

SWINE,

running at large near railways 304

SWINE BREEDERS' ASSOCIATION,

See Agricultural Associations 146

SWING BRIDGES,

regulations as to crossing of by trains 260

SWITCH BACK RAILWAYS,

bv-laws for licensing and regulating 351

SYNOD OF THE DIOCESE OF ALGOMA,

incorporation , .' 922

SYNOD OF THE DIOCESE OF HURON,

representation on the Council of Huron College 911

representation on Senate of Western University 916

INDEX. 1001

TAVERNS, page.

See Liquor Licenses 390

TAXES,

extension of time for redemption of lands in arrear for Algoma

land tax 164

by-laws for exempting of railways 268

limit of rate in municipalities 348

See Supplementary Revenue 19

See Assessment 365

TELEGRAPH COMPANIES,

powers of Railway and Municipal Board with respect to 330

TELEGRAPH LINES,

powers of railway companies as to constructing 224

by-laws regulating erection of poles and wires 349

TELEPHONE COMPANIES,

powers of Railway and Municipal Board with respect to 330

TELEPHONE SYSTEMS,

powers of railway companies as to constructing 224

by-laws regulating erection of poles and wires 349

petition to council for establishment of 376

by-law for establishing 376

system to be vested in municipal corporation for benefit of subscrib-
ers 376

powers of corporation installing 377

cost of construction and maintenance 377

extending works into another municipality 377

connection with other systems 377

establishing exchanges 377

Railway and Municipal Board may fix standard requirements 377

TEMISKAMING AND NORTHERN ONTARIO RAILWAY,

confirmation of Order-in-Council vesting certain lands in Commis-
sioner 116

leases of spurs or branch lines 120

disposal of mines and minerals 120

powers of Commission 120

THISTLES,

duty of railway company as to removal of 255,

THORNBURY, TOWN OF,

harbour property, etc., formerly vested in the Township of Colling-

wood, vested in Town 740

power to sell certain lands 741

certain lands vested in public school board 741

TIMBER,

mining claims on lands under license 55

reservation of, in patents of mining lands 71

reservation of pine in patents of volunteers land grants 119

by-laws for exemption of woodlands from taxation 378

appointment of fire rangers on railway construction works 418

TOLL ROADS,

exemption from toll of certain vehicles laden with straw or

manure 198

TOLL ROADS EXPROPRIATION,

arbitration between county and city or separated town 382

TORONTO. CITY OF,

payment of salaries to police magistrates 107

qualification of controllers 347

Queen's park to form part of, during lease 463

exemption of University property from taxation 463

Board of Governors of Fniversity may close Devonshire Place 493

representatives on Board of Hospital 503

closing certain streets by trustees authorized 507

accommodation to he furnished for city patients 510

authorized to fix assessment of D. Conhoy & Co 746

6* S.

1002 INDEX.

TORONTO, CITY OF — Continued. page.

Don improvements, roadways, on 744

authorize! to grant $2,500 for meeting of British Medical Asso-
ciation 747

limit of debentures for Ashbridge's Bay improvements 747

authorized to construct railway siding for industries on Ash-
bridge's Bay works 747

tax sales 748

certain money by-laws confirmed 748

purchase of lands for parks, etc 749

authorized to issue debentures for certain purposes without assent

of ratepayers 749

certain roadways through Trinity Church lands declared public

highways 927

TORONTO COLLEGE OF MUSIC,

declared to be affiliated with University of Toronto 460

TORONTO CONSERVATORY OF MUSIC,

declared to be affiliated with University of Toronto 460

TORONTO FREE HOSPITAL FOR CONSUMPTIVES,

incorporation 936

TORONTO GENERAL HOSPITAL,

interpretation 502

trustees, number to be appointed 502

incorporation 503

appointments by City of Toronto 503

by trustees of University 503

by crown 503

by subscribers , 503

members of staff ineligible 504

vacancies 504

quorum 504

election by subscribers 504-505

powers of 505

exemption from taxation 506

sale of present site 506

expropriation of lands for new site 506-507

closing certain streets in City of Toronto 507

registration of by-laws for taking lands 507

borrowing powers, debentures ." 507

suing for moneys due 508

investments 508

election and equipment of new hospital 508

burnside lying-in hospital 508

Andrew Mercer, eye and ear infirmary 509

execution of documents 509

appointments to staff, by-laws 509

benefactors and annual subscribers, who to be deemed 509

medical students, rights of 510

paying patients, rights as to attendance by physicians 510

city patients 510

staff continued until changed by trustees 510

statements to government 511

present corporation continued 511

TORONTO LIEDERKR ANZ , LIMITED,

certain by-laws confirmed 903

directors authorized to purchase shares of deceased shareholder... 904

nomination of person to receive purchase price of shares 904

TORONTO, TRINITY CHURCH,

See Trinity Church, Toronto 925

TORONTO AND NORTH EASTERN RAILWAY COMPANY,

incorporation 843

INDEX. 1003

TORONTO AND YORK RADIAL RAILWAY COMPANY, page.
authorized to construct lines which certain other companies

were authorized to construct 845

extensions to James B_?y Ry., Stouffville, Whitby and Bowmanville 845

certain agreements not affected 846

mortgages securing bonds 846

acquiring lands for market and park purposes , 84(3

time for commencement and completion 847

TOWN HALLS,

powers of railway and municipal board as to use of 315

TRANSIENT TRADERS,

by-laws respecting 352

TRAVELLING EXPENSES,

appropriations for by municipal councils 352

TREES,

by-laws for removal of, from streets 350

by-laws for destruction of tussock moths 350

by-laws for exemption of woodlands from taxation 378

TRENTON, TOWN OF,

authorized to issue debentures for $53,267.34 754

TRINITY CHURCH, TORONTO,

rector and church wardens, incorporated 925

trusts upon which lands held declared 927

southerly boundary of lands defined 927

certain roadways declared public highways 927

issue of debentures authorized 928

leases 929

erecting and improving buildings 930

certain leases confirmed 930

debentures heretofore issued 931

corporation authorized to take over certain funds and property... 931

registrar directed to mark certain plans with reference to act ... 932

TRINITY COLLEGE,

declared to be federated with University of Toronto 460

arts faculty of, to be called college of University of Toronto 461

representation on Senate of University of Toronto 472

agreement as to federation 492-495

removal of to Queen's Park 492

loan, may be guaranteed by Province 492

borrowing powers of 493

TRUST COMPANIES,

investment on mortgages of lands in Manitoba. Alberta and

Saskatchewan 175

TRUSTEES OF BURYING GROUNDS,

appointment of trustees when no provision made by deed 336

TUSSOCK MOTH,

by-laws for destruction of 350

TWIN CITY CHAMBER OF COMMERCE,

incorporation 906

UNITED COUNTIES,

separation of junior county from. ,SVc Municipal Institutions 340

UNIVERSITY OF TORONTO,

representation on Advisory Council of Education 425

interpretation 458

university, colleges, faculties, etc., continued 458

appointments, statutes, etc., continued 459

proclamation changing name 459

School of Practical Science, to be faculty of Applied Science and

Engineering 459

preperty transferred to board 462

federated and affiliated universities and colleges, to so continue ... 460

what universities and colleges included 460

when affiliated colleges may be represented in Senate 460

removal from federation or affiliation 460

1004 INDEX.

UNIVERSITY OF TORONTO— Continued. page.

Arts faculties of Victoria and Trinity 461

admission of universities for federation 461

suspension of degree conferring powers 461

rights of graduates and undergraduates 461

religious tests and observances 461

Crown Lands set apart, separate accounts to be kept of sales 462

annual grant of $7,000 from Province continued 462

property vested in trustees transferred to Governors 462

Queen's Park, to remain part of city 463

statute of limitations application of 463

rights and privileges of lands dedicated by Crown 463

lands not liable to expropriation 463

exemption from taxation 463

endowment of chairs and scholarships 464

Board of Governors, incorporation of, as successors to Trustees ... 464

constitution of 464

member must be British subject and resident in Ontario 465

chairman 465

vice chairman 465

quorum 465

term of office 465

removal from office 465

heads of colleges, professors, etc., ineligible 465

vacancies through incapacity, etc 465

how filled 466

authority and powers of 466

regulations as to procedure 466

appointment of president, professors, officers, etc 466

providing for superannuations and retirements 467

investments 467

acquiring, holding, and selling or disposing of property... 467-468

expropriation of lands 467

physical examinations and training 467

expenditure of funds in maintenance and improvements ... 468

residences and dining halls 468

establishing faculties, departments, etc 469

federation and affiliation 469

fees ' 469

arrangements with secondary and primary schools 469

alterations in constitution, etc 470

committees of students '. 470

endowment, approval of Government before expenditure out of 470

may act by resolution or statute 471

audit and annual report on finances 471

consent of Attorney-General to actions against 471

deciding questions as to powers and duties of officers and bodies 471

Senate, how composed, ex-officio members 471

representation of faculties 472-473

representation of federated and affiliated universities and col-
leges and Law Society 472

representation of graduates, and high school teachers 472

members of teaching staffs ineligible 473

members must be British subjects resident in Ontario 473

term of office, vacancies 473

disputes as to election or right to sit 473

powers and duties, regulating proceedings 474

degrees, granting, cancelling or suspending 474

exhibitions, scholarships and prizes 474

affiliation of colleges 474

faculties, departments, etc 474

scrutineers, appointment of 475

reports of faculty councils as to courses of study 475-476

examiners and examinations 475

appeals from faculty councils 475

INDEX. 1005

UNIVERSITY OF TORONTO. — Continued. page.

consideration of reports from faculty councils 475

representation of new faculties 475

calendars .....i-r. 475

library and librarian 475

changing constitution 475

recommendations to board 475

rights of federated universities and colleges as to representation

preserved '. 475

statutes as to certain matters to be approved by board 476

Convocation, how composed 476

powers of, regulating proceedings 476

clerk, and presiding officer 476

representatives to board and Senate 476

membership fee 476

executive committee 476

meetings 477

minutes to be sent to board and Senate 477

chairman, -right to vote 477

quorum 477

special meetings 477

Chancellor, to be elected by graduates 477

to be chairman of convocation 477

degrees to be conferred by 477

term of office 477

vacancies in office 478

Council of Faculty of Arts, how composed 478

powers and duties, procedure .' . 478

courses of study, examinations, etc 478

applications and memorials by students 479

report to Senate 479

Councils for other faculties 479

powers and duties of 479

dean to be chairman 479

counpil of University College, how composed 479

powers and duties of council of University College 480

principal to be chairman 480

Librarian to be ex officio member of all councils 480

Caput, how composed, quorum 480

powers and duties 480

rules and regulations to be approved by board 481

may advise President 481

President, powers, and duties of 481

to be a member of all faculty councils 481

to be chairman of Senate 481

to confer degrees in absence of Chancellor 481

calling meetings of council of Faculty of Arts 481

suspending members of staff 481

recommendations to Board as to appointments, etc 481

calling meetings of faculty councils 481

annual report to Board 481

may appoint a substitute 482

Vice president 482

Principal of University College, powers and duties 482

to be a member of Council of Faculty of Arts 482

calling meetings of council of University College 482

suspending members of staff 48.3

annual report .' 483

absence or vacancy in office 483

Registrars of University and University College 483

discipline, jurisdiction of Faculty Councils 48.3

jurisdiction of Caput — 483, 484

college associations, control of 483

Board may abrogate or change regulations 484

1006

INDEX.

UNIVERSITY OF TORONTO. — Continued. page.

elections of Chancellor and Senate, first election 484

quadrennial elections and appointments '. 484

list to be furnished by federated universities 485

Education Department to furnish lists 485

separate list of voters in each class 485

complaints as to errors and omissions 485

nominations, election by acclamation 486

vote, how to be taken 486, 487

counting votes 487

declaration of result 487

casting vote 488

default in holding 488

courses of instruction, in Faculty of Arts 488

University courses, University College courses 488

theological options 488

attendance at lectures in federated universities 489

interchange of lectures 489

when attendance necessary to qualify, to compete for scholar-
ships, etc. 490

fees, instruction in arts to be free, exception 489

minimum table of 489

registration of students 490

admission of candidates, other than university students 490

qualification for admission as candidates 490

diplomas, etc., to indicate students in university or college 491

annual grant of fifty per cent, of revenue from succession duty ... 491

Trinity College — rights under federation agreement preserved ... 492

arrangements for removal to Queen's Park 492

loan to, may be guaranteed by Province 492

authorizad to enter into agreements as to removal 493

borrowing powers 493

Devonshire Place, Board may close up 493

Wallbridge Scholarship 494

when federated college may become a college of the University 494

Crown authorized to grant former site of Parliament Buildings to

Board 494

appointment of trustees of General Hospital 503

right of medical students to attend hospital , 510

UNORGANIZED TERRITORY,

suspension of provisions as to preparation of voters' lists 163

allowance to district judges for services rendered under certain Acts 168

selectors of jurors 168

attendance of clerk of the peace at selection of jurors 181

selection of jurors in Parry Sound for 1906 181

liquor licenses in 399, 406

VEGETABLE GROWERS,

See Agricultural Associations 146

VESSELS,

sale of liquor on 393

VICTORIA, COUNTY OF,

Sturgeon Point not to be represented in council 174

VICTORIA UNIVERSITY,

declared to be federated with University of Toronto 460

arts faculty of, to be called college of University of Toronto 461

representation on Senate of University of Toronto 472

INDEX.

1007

VOLUNTEERS LAND GRANT, page.

withdrawing lands from reservation for 118

power to exempt townships from regulation as to one location in

square mile 118

mines and minerals not reserved 118

redemption of scrip of Provincial Treasurer 118

time for filing claims 119

issue of patents to persons located 119

VOTERS' LISTS,

suspension of provisions as to unorganized territory 163

WAGES,

right of workmen in mines to lien for -. 82

not to be paid to miners at public houses 85

right to be paid on construction of subsidized railway 300

WALLACEBURG, TOWN OF t 758

by-law 122 (consolidating debt confirmed and debentures for

$25,000 authorized) 759

exemption of sugar company from assessment 759

town not to incur any further debt 759

WATER COMPANIES,

municipality may guarantee bonds of 199

WATER POWERS,

what to include 28

not included in mining claims 65

transmission of electrical power to municipalities 121

See Hydro Electric Power Commission 121

WATERWORKS,

pollution of water supply 173

protection of pipes from damage by electric railways 285

provisions applicable to by-laws relating to 349

discretion of corporation as to rates chargeable 374

commissioners, how Board constituted, election of 374

WEEDS,

duty of railway as to removal of 255

WELL AND, TOWN OF,

by-law 199 fixing assessment of M. Beatty & Sons confirmed 762

by-law 198 fixing assesment and otherwise aiding Plymouth Cord-
age Co., confirmed 765

WESTERN CANADA COLLEGE. CALGARY.

declared to be affiliated with University of Toronto 4C0

WESTERN CENTRAL RAILWAY COMPANY,

location of lines 848

time for commencement and completion 849

bonding powers 849

application of Railway Act 849

WESTERN FAIR ASSOCIATION OF LONDON,

special grant in aid of 144

WESTERN ONTARIO POULTRY ASSOCIATION,

See Agricultural Associations 146

WESTERN UNIVERSITY AND COLLEGE.

representation on advisory council of education 425

corporation, how composed 916

Chancellor and vice-chancellor 917

graduates, who to be deemed '. 917

senate 917

powers of senate 919

repeal of Act of 1892 920

degrees 921

city authorized to enter into agreement as to payment of certain

professors 920

1008

INDEX .

WEST LORNE, POLICE VILLAGE OF, page.

By-laws 9-12 construction of cement sidewalks, confirmed 770

collection of rates for debentures after incorporation 771

By-law 892 of Township of Aldborough guaranteeing debentures

confirmed * 771

WESTPORT, VILLAGE OF,

authorized with Township of North Crosby to issue debentures to

retire- Brockville, Westport and Sault Ste. Marie debentures 552

WHOLESALE LICENSES,

See Liquor Licenses 390

WINTER FAIR,

application of provisions as to Agricultural Associations 150

WOLVES,

evidence of killing to be furnished by applicant for bounty 174

WOMEN,

not to be employed in mines 82

WOMEN'S INSTITUTES,

formation of authorized 151

WOMEN'S MEDICAL COLLEGE,

declared to be affiliated with University of Toronto 460

WOODLANDS, EXEMPTION FROM TAXATION,

by-laws exempting from taxation 378

what trees included 378

application for exemption 378

examination of lands by assessor 378

when exemption to cease 379

penalty for fraudulent conduct 379

WOODSTOCK HOSPITAL FOR EPILEPTICS,

See Epileptic Hospital 512

WORKING PERMITS,

See Mines 24

WYCLIFFE COLLEGE,

declared to be federated with University of Toronto 460

YORK, TOWNSHIP OF,

By-law No. 1995 fixing assessment of Boake Mfg. Co. confirmed... 790

YOUNG MEN'S CHRISTIAN ASSOCIATION, COLLINGWOOD,

incorporation 943

exemption from taxation \ 944

YOUNG MEN'S CHRISTIAN ASSOCIATION OF ONTARIO AND QUE-
BEC,

incorporation of executive committee 940

YOUNG MEN'S CHRISTIAN ASSOCIATION. ST. CATHARINES,

by-law of city fixing assessment confirmed 731

Internet Archive Audio

Featured

Top

Images

Featured

Top

Software

Featured

Top

Texts

Featured

Top

Video

Featured

Top

Mobile Apps

Browser Extensions

Archive-It Subscription

Save Page Now

Full text of "Statutes of the Province of Ontario 1906"

See other formats